Orthopedics Pay Back $300,000 Per Implant Failure
November 5, 2014
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. Chromium and cobalt make up the neck components of the Rejuvenate and ABG II, with stems coated in titanium. The neck components can wear against each other and create metallic debris that releases into a patient’s tissue or bloodstream. The debris can cause adverse local tissue reactions, swelling, pain, and other problems requiring revision surgery. Stryker is recommending surgeons to perform blood work and imaging on all recipients of this particular implant; regardless if they’re experiencing any pain.
Paying for Each Implant Failure
On November 3, 2014, an agreement was reached on behalf of 3,000 patients who received the Rejuvenate and ABG II Modular-Neck Hip Stems implant. Stryker has agreed to pay a minimum of $1.43 Billion; equating to approximately $300,000 per implant failure. They will also compensate all who have suffered complications during revision surgery, as well as patients who cannot receive the surgery due to mental complications. There is no limit or fixed amount for Stryker’s liability under this settlement. The payments will increase for multiple surgery revisions and infections associated with surgery. Claimants are expecting their settlements when dispersed in the summer of 2015.
Unfortunately, Michigan is the only state in the nation with a law that shields medical device manufacturers from liability when the device has gone through approval by the FDA. This law is referred to as the “FDA Immunity” legislation. In Michigan, plaintiffs can only win damages if they prove that the manufacturer withheld or misrepresented information about their product to the FDA. We strongly believe it is in a victim’s best interest to pursue potential claims outside of Michigan. However, filing a claim outside of Michigan does not guarantee that the claim will escape the FDA Immunity legislation. At Sam Bernstein Law Firm, 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 an implant failure, contact us as soon as possible.