May 07, 2015 - More than 20,000 Stryker Rejuvenate and ABGII metal hip devices were sold between their release in 2010 and the recall in July, 2012. While Stryker touted the hip devices as being particularly innovative, as well as much safer than other all-metal devices, those claims were quickly found to be less than true. Thousands of Stryker hip implant recipients developed Stryker Rejuvenate hip metallosis, Stryker ABGII hip metallosis and Stryker metal toxicity and were required to undergo Stryker hip revision surgery.
The Stryker Settlement Agreement
Many of the Stryker patients who did undergo Stryker hip revision surgery in order to have their defective Stryker implant removed are now being offered a settlement under the Stryker hip settlement agreement. Patients who underwent Stryker revision surgery may be eligible for a $300,000 base payment award as well as enhancements which can add as much as $500,000 or more to the base payment. Those who have not undergone revision surgery are not included in this settlement agreement. Those who are not included in the settlement agreement as well as those who have not yet experienced adverse effects associated with their Stryker hip implant may now be wondering whether they will be left out in the cold as far as settlements from Stryker.
Understanding the Statutes of Limitations Regarding Stryker Product Liability Claims
There are a significant number of patients who have not yet experienced any adverse effects from their Stryker hip implant. While this may sound like good news, there is a larger issue at hand. Each state sets their own statutes of limitations, or the amount of time a person has to file a product liability claim against the manufacturer. In many states this time limit is two years. The complex part of the statutes of limitations lies in determining just when those statutes begin.
In some cases they begin when a recall is announced, while in others the statutes are triggered when the person discovers or should have discovered an injury associated with the metal hip implant. In many cases those who developed adverse health conditions did not immediately associate them with their Stryker hip implant until after the recall. In other cases, some patients had experienced so much pain prior to their implant surgery, they did not realize they were experiencing symptoms of Stryker hip metallosis or metal toxicity after the procedure.
The Risks of Developing Adverse Health Issues Associated With a Stryker Implant
This leaves patients who have not yet experienced any adverse effects from their Stryker Rejuvenate or ABGII wondering just what the chances are they will experience such effects. Of course it is impossible to say with any certainty, but the statistics related to the Stryker Rejuvenate and ABGII hip implants are fairly dismal. While Stryker noted a “higher than normal” failure rate of the Rejuvenate and ABGII at the time of the recall, the company has since declined to comment on the exact failure rate or on how many patients have been forced to undergo revision surgery.
Research has placed the failure rate as high as 40-65%, depending on the particular research. Many speculate the recalled Stryker Rejuvenate and ABGII hip devices could turn in to an even larger problem than the DePuy ASR recall, however only time will tell. Speaking to an experienced Stryker hip lawyer could be your best course of action to avoid being left out in the cold as far as Stryker settlements are concerned. See part two of this discussion for more information regarding the likelihood of failure for your Stryker Rejuvenate or ABGII.