Stryker recalled the ABGII and Rejuvenate modular-neck hip implants this past June, 2012 due to possible fretting and corrosion which could potentially lead to cobalt and chromium poisoning. It appears that Stryker has now hired Broadspire Services—a third-party risk management administrator for large insurance companies and employers—to assist them with implant claims; when patients call Stryker they will be re-routed to Broadspire who is working with Stryker. Patients should be aware that Broadspire could ask them to sign away important legal rights.
Broadspire’s History with DePuy
When DePuy and Johnson & Johnson were dealing with the recall of the ASR hip implant they hired Broadspire to manage patient claims. Many DePuy patients received a “Broadspire letter” regarding the recall of their hip implant which offered to cover medical costs so long as the implant recipient filled out a medical release form which essentially waived the patient’s right to future claims. Subsequently, many attorneys are extremely concerned about this new development with the Stryker recall and potential claims.
When DePuy hired Broadspire the company paid doctors to evaluate revision surgery to replace defective hip implants. There was also considerable concern regarding the patients who signed forms allowing Broadspire, DePuy and Johnson & Johnson access to sensitive medical records. The theory was that once the companies gained access to medical records—given to them “willingly” by the patients—they would then use this access against the hip implant recipients in court.
Expenses Beyond Revision Surgery
It’s important that patients be aware that there is much more involved in a failed hip implant than just the revision surgery costs. First of all no revision would have been necessary had the Stryker implant not been defective, leading to failure of the implant. Revision surgeries are much riskier than the initial implant surgery with a significantly increased recovery time. This means the patient could be off work for as long as six weeks to two months, likely with no paycheck. Many of the Stryker Rejuvenate and ABGII recipients are relatively young with active lives and careers meaning a revision surgery can cause time away from important family and work activities.
Problems with Metal-on-Metal Hip Implants
Recipients of the defective recalled Stryker hip implants deserve to be compensated for much more than simply the medical expenses attached to the hip revision surgery. The metal-on-metal hip implants were touted to provide over 15 years of worry-free service than the traditional ceramic or polyethylene implants. After hundreds of thousands of Americans were implanted with an all-metal hip implant information came to light that the all-metal implants wear prematurely, creating a release of cobalt and chromium ions to shear away into surrounding tissues and the bloodstream. When the metal ions lodge into the hip tissues inflammation, pain, tissue necrosis and bone loss are all potential risks.
Cobalt and Chromium in the Bloodstream
Further, when the metals enter the bloodstream a wide variety of negative health issues can follow. Cardiovascular issues, renal, thyroid and neurological problems, vision and hearing impairment, fatigue, depression, memory loss, anxiety, chronic headaches, balance issues, skin disorders, gastrointestinal issues, pseudo-tumors and even DNA disruption can all occur from exposure to chromium and cobalt. Dr. Mary O’Connor, an orthopedic surgeon at the Mayo Clinic in Jacksonville, FL believes that soft tissue damage is much more critical than bone loss—“…if the muscle is dead because it has been poisoned by metal ions, we can’t recreate it.”
Stryker Increases Their Expected Payout
Stryker recently announced they were increasing the low end of their prior forecasts of costs and are now expecting to pay between $190 and $390 million to cover patient testing, treatments and revision surgeries as well as lawsuits and insurance payments. Those in the legal field are fairly certain there are few genuine or generous motives behind Broadspire’s offer to cover revision surgery expenses for the DePuy recalled hip implants and it is likely that there will be none regarding the Stryker recall either.