November 07, 2014 - Very recently Stryker Orthopedics, a Kalamazoo, Michigan-based manufacturer of medical devices agreed to pay nearly $1.4 billion to resolve hundreds of lawsuits based on the recalled Stryker Rejuvenate and Stryker ABGII hip implant devices. The recall for these two devices occurred in July, 2012, and since that time more than 4,000 lawsuits have been filed by consumers who suffered injury as a result of the hip implants. Only those plaintiffs who had revision surgeries prior to November 3, 2014, are included in the settlement, and the base amount for those claimants is expected to be approximately $300,000. In some cases this amount may be adjusted according to the level of injury as well as whether the patient underwent multiple revision surgeries or required extraordinary medical assistance. Stryker did not disclose how many claims will fall under this latest settlement, however did say the first payouts could occur in the summer of 2015.
The Problems Associated with the Stryker Hip Devices
At the time of the recall, Stryker noted a higher-than-normal failure rate of the ABGII and Rejuvenate as well as a high incidence of fretting and corrosion, leading to the generation of excessive amounts of cobalt and chromium ions. In short, after less than two and a half years on the market, patients found themselves facing metallosis and metal toxicity/poisoning symptoms, and many of those patients were forced to undergo Stryker revision surgery.
Metallosis can cause such symptoms as inflammation, chronic pain in the hip, groin and thigh areas, deterioration and necrosis of bone and tissue and total failure of the implant. Cobalt and chromium poisoning can lead to such serious symptoms as vision and hearing loss, cardiovascular, neurological, gastrointestinal, renal, reproductive and thyroid disorders, the development of pseudo-tumors, DNA alterations, respiratory illnesses, seizures, tremors and nerve damage.
Details of the Settlement
The settlement resulted from months of mediation, and was announced simultaneously before Judge Brian Martinotti in Hackensack, New Jersey and Judge Donovan W. Frank in St. Paul, Minnesota. Lead plaintiffs’ counsel, Pete Flowers, said lawyers worked hard to settle the Stryker hip cases, given that many of the plaintiffs were elderly. Plaintiffs alleged negligence in the Stryker design, a lack of safety testing, and a failure to warn regarding the dangers of the devices.
Did Stryker Follow Johnson & Johnson’s Lead?
In late 2013, the first phase of mediation in the Stryker cases began in New Jersey. Eight cases were settled for an undisclosed amount. Later, another nine cases were settled through mediation. With bellwether trials fast approaching, Stryker decided to offer a settlement before facing those trials. Many believe Stryker took its cue from Johnson & Johnson and DePuy who settled more than 7,000 lawsuits in relation to the DePuy ASR metal hip implant in late 2013.
Johnson & Johnson paid more than $2.5 billion in this settlement and is currently talking about a $250 million settlement which would offer compensation to an additional 1,000 hip recipients. Stryker reported more than $9 billion in revenues in 2013, and while the company’s stocks took a dip after the settlement was announced, they recovered the following day.
Could a Skilled Stryker Hip Attorney Help You?
Patients injured by a Stryker Rejuvenate or ABGII are still coming forward to file lawsuits for injury suffered, and Stryker still faces the remaining lawsuits from patients who have not undergone revision surgery prior to November 3, 2014. Whether Stryker will offer further settlements or take their chances at trial remains to be seen. As many as 20,000 Stryker Rejuvenate and ABGII hip devices were sold from their release date of early 2010 through the date of the recall. During that relatively short period of time, patients and surgeons alike filed more than 300 adverse event reports with the FDA.
Only a very months after implantation, one surgeon removed a Stryker Rejuvenate device from his patient and noted the presence of what appeared to be “black rust,” on the implant. Other surgeons noted excessive amounts of fretting and corrosion on removed implants, and many consumers saw serious, adverse health effects soon after implantation. If you received a Stryker Rejuvenate or ABGII hip implant it can be extremely beneficial to speak to an experienced product liability attorney regarding your potential lawsuit against Stryker.