January 04, 2015 - Those patients who were affected by the Stryker hip recall in July, 2012, must be aware of their state’s specific statutes of limitations. The Stryker hip recall came only two and a half short years after the Rejuvenate and the ABGII were released to the public, with Stryker claiming the new hip implants were much safer than all-metal hip implants and were perfect for younger, more active patients. Yet only a few months after the release of the Rejuvenate and ABGII, patients began experiencing adverse health effects directly related to the hip implants. Surgeons and patients alike submitted more than 300 adverse event reports to the FDA regarding adverse symptoms related to the two Stryker devices.
Stryker conceded at the time of the recall that both the ABGII and the Rejuvenate had higher-than-normal failure rates and were prone to fretting and corrosion, leading to the release of excessive amounts of cobalt and chromium. More than 20,000 Stryker devices were sold, and over 4,000 recipients of Stryker devices had filed suit against Stryker by the end of 2014. The statute of limitations is a specific time period within which plaintiffs must file their product liability claim. The amount of time differs from state to state—from one year to ten years. All those injured by a recalled Stryker hip device must be aware of the following issues related to the statutes of limitations:
· The statutes of limitations are generally governed by the discovery rule. This means the time begins running when the patient discovers—or should have discovered—the injury.
· Some states also have statutes of repose. These are often confused with statutes of limitations but are very different. Statutes of repose are triggered by a specific event, such as the date the device was manufactured, delivered, purchased or sold. The statutes of repose can run and expire whether an injury has occurred or not.
Because exceeding your state’s statutes of limitations could forever bar you from receiving compensation for your injuries, it is essential that you speak to an experienced Stryker hip attorney to determine when your statutes will run.
The Stryker Master Settlement Agreement
Stryker has offered all those who underwent Stryker revision surgery in order to have their recalled Stryker device removed a base award of $300,000, subject to certain reductions, enhancements and caps. A full 95% of all those who qualify under the agreement must opt-in, or Stryker can withdraw the proposed agreement. It is equally important to speak to a knowledgeable Stryker hip attorney if you are considering opting in to the agreement. The terms of the agreement are complex. Unrevised patients are not eligible for compensation under the Stryker Master Settlement Agreement, however if you are an unrevised patient, you still have important rights which must be protected.