bernstein blog

Stryker Orthopedics to pay base award of $300,000 per failed implant
November 05, 2014 07:53AM EST

On November 3, 2014, an agreement was reached on behalf of 3000 patients who received the Rejuvenate and ABG II Modular-Neck Hip Stems implant in New Jersey’s Bergen County Superior Court and U.S. District Court, District of Minnesota. Stryker has agreed to pay a total minimum of $1.43 Billion which equates to approximately $300,000 per failed implant, in addition to providing compensation for those who have suffered complications during revision surgery.  The settlement will also provide compensation for patients who need a revision but are unable to undergo surgery due to mental complications. There are no limits or fixed amount for Stryker’s liability under this settlement. These payments will increase for medical injuries such as multiple surgery revisions, or infections and other medical complication associated with revision surgery.  Settlement awards for these claimants are expected to be dispersed in the summer of 2015.

On July 3, 2012, Stryker Orthopedics issued a voluntary recall of its Rejuvenate and ABG II Modular-Neck Hip Stems due to possible corrosion at the modular-neck junction. Stryker explained the neck components of the Rejuvenate and ABG II are made of chromium and cobalt, and the stems are coated with titanium. The neck components can wear against each other and create metallic debris, which then is released into an implant recipients tissue or bloodstream. This can result in patients experiencing adverse local tissue reactions, swelling, pain and other problems that could lead to revision surgery. Stryker recommended that surgeons consider performing blood work and imaging on their patients who received the recall hip implant devices whether patients were experiencing pain or not.

Michigan residents who are affected by the Stryker Orthopedic and similar Hip Replacement recalls are faced with an additional challenge. Michigan is the only state in the nation with a law that shields medical device manufacturers from liability if the device was approved by the Food and Drug Administration (FDA). This law is referred to as the “FDA Immunity” legislation.  In Michigan, plaintiffs can win damages only if they prove that the manufacturer withheld or misrepresented information about their product that would cause the FDA to deny or withdraw its approval.  We strongly believe it is in claimants’ best interest to pursue potential claims outside of Michigan. Keep in mind, filing the claim outside of Michigan does not guarantee that the claim will escape the Michigan “FDA Immunity” legislation.  For this reason we recommend seeking legal advice before filing a claim.

If you or a loved one believes you have a recalled hip product or have suffered injuries from one, talk with one of our experienced lawyers as soon as possible. Submit a simple, free, and confidential legal consultation form now to get started.

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