Delaware Statute of Limitations for Stryker Hip Lawsuits

!STRYKER HIP SETTLEMENT ALERT! Stryker Hip Implant Recipients TAKE NOTE - Stryker Corporation has reached a 1.4 billion dollar settlement in its metal hip implant MDL. Learn all about theStryker Master Settlement Agreement here.

Have You Been Affected By the Stryker Hip Recall? Many patients were dismayed to hear of the Stryker hip recall in July, 2012. If you have a Rejuvenate or ABGII implant, you have likely been very anxious about your health and your future since receiving notice of the Stryker hip recall. In April, 2012, Stryker issued an Urgent Field Safety Notification to surgeons and hospitals regarding the potential dangers of the implants. This notification stated the implants were subject to excess fretting and corrosion, leading to cobalt and chromium ions shearing away and becoming lodged in the hip tissues or entering the bloodstream. In short, the two implants had a much higher-than-expected failure rate.

 

While Stryker has never officially put a number on the failure rate, the Australian Registry placed the failure rate at nearly 8.1% in the first year. Subsequent studies have put the failure rate much higher—as high as 65%.  Stryker contended that patients with a heightened metal sensitivity could experience more extreme allergic reactions which would result in revision surgery. In fact, Stryker has attempted to shift the blame for the issues associated with the Rejuvenate and ABGII squarely onto the patients or surgeons who performed the implant surgery. Stryker claimed that overweight patients or those with a prior history of diabetes or infection were experiencing problems because of these issues rather than because of the design of the implant.

 

In fact, at the time of the release of the ABGII and the Rejuvenate, Stryker played up the innovative design of the two new hip implants, stating the implant would last much longer than other hip implants and would be much safer than other metal-on-metal hip implants. The Stryker design allows surgeons to choose from a wide variety of hip implant components in order to best fit the implant to the patient’s size and level of activity. Because both implants use a ceramic ball, it was believed they would be much safer than implants with a metal ball. Less than a year after the release of the two Stryker implants, patients began experiencing significant, adverse health issues, including metallosis and metal poisoning.

 

How You May Be Affected By the Delaware Stryker Hip Statute of Limitations

Each state has statutes of limitations which govern the amount of time in which a person injured by a defective product has in which to file a lawsuit to recover damages. The state of Delaware requires that action be brought within two years of the time the injury is discovered, or should have been discovered. Your Delaware Stryker hip statute of limitations is extremely important for your future. Should you miss this window of opportunity, you could find yourself barred forever from recovering compensation for your injuries through filing a Delaware Stryker hip lawsuit.

 

Because the statutes of limitations can be very complex, it is important that you consult a qualified Delaware Stryker hip lawyer before making any assumptions regarding whether your statutes have run. In other words, the only way to actually know for sure whether you can bring a Delaware Stryker hip lawsuit is to speak to a knowledgeable Stryker attorney. Once you have consulted with a Delaware Stryker hip lawyer, you will have a person in your corner—someone to watch your back, so to speak and to ensure that deadlines are met and you receive the compensation you are entitled to.

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