Just a few years ago, hip replacement manufacturer Stryker Corp. agreed to pay out more than $1 billion to thousands of people who filed lawsuits because of their Rejuvenate and ABG II hip replacement devices. Now, the manufacturer faces additional claims that these devices caused harm and necessitated revision surgery within two years of implantation.
If you required revision surgery after a Stryker metal-on-metal hip implant, you might qualify to file a lawsuit against the device manufacturer. Call today at 631-600-0000 to discuss your situation with a Stryker hip replacement recall lawsuit lawyer from Gacovino, Lake & Associates, P.C.
What Are the Known Issues with the Stryker Hip Replacements?
Many people who received Stryker metal-on-metal hip replacements complain of design flaws that lead to early failure because of muscle and tissue damage. Other complaints relate to a serious condition known as metallosis that occurs when metal particles shed from the device.
The expected lifespan of a modern hip implant is up to 15 years, but the complaints filed against Stryker show a large number of people who required revision surgery in the first 24 months because of tissue damage and/or device failure. The U.S. Food and Drug Administration (FDA) warned that the metal particles from the metal-on-metal hip implant device can embed in and weaken surrounding bone and tissue. This, in turn, weakens the implant and leads to pain, failure, and other complications such as dislocation.
How Has the FDA Responded to Reports of Problems with Stryker Hip Replacement Devices?
While the FDA considers all metal-on-metal hip replacement devices a Class III device — meaning they are higher risk — it still offers approval of this type of medical device through its 510(k) premarket notification process. This process allows a device manufacturer to begin marketing a product without clinical testing or other assurances of its safety and efficacy.
A device qualifies for this process if the manufacturer can show it is “substantially equivalent” to others already approved and on the market. This process, as you can imagine, has its pros and cons.
As reports began to surface of problems with metal-on-metal hip implants and the anecdotal evidence showed a high rate of failure and/or revision surgery for patients who received this type of replacement, the FDA took note. In May 2011, it asked the manufacturers of all metal-on-metal hip implant products to begin tracking the outcome of patients who received their devices in postmarket studies.
The FDA later sent out a safety communication warning doctors and patients that there are additional risks with metal-on-metal hip replacements that do not exist with other types of implant systems.
What Is the Current Status of the Stryker Hip Replacement Recall Lawsuits?
Thousands of people who suffered through painful surgery and then faced a revision procedure claim a defective product is to blame. They believe Stryker knew about the problems that led to early failure of its metal-on-metal hip implants, but failed to warn doctors, patients, and the public of the risk. While others suffered painful complications related to these hip replacement systems, most who filed suit against the device manufacturer required additional surgery to repair or replace their implant.
Stryker did recall two of its hip replacement devices, the Rejuvenate and the ABG II. It claims the recall centered on fears the device could corrode and cause inflammation and pain in nearby tissue. Whatever the reason, many victims of these devices were not sad to see them leave the market.
In the fall of 2014, Stryker made an out-of-court, pretrial settlement with the plaintiffs involved in multidistrict litigation concerning the Rejuvenate and ABG II devices. This settlement created a $1.43 billion fund to pay thousands of injured parties up to $600,000 each in damages.
In December of 2016, Stryker announced it would add additional funds for new plaintiffs who filed cases since 2014. This includes anyone who had a hip replacement and received one of these devices. It is important to note that most of these cases only involve claimants who underwent a necessary revision surgery to repair or replace a problematic device.
If you are eligible to file this type of claim, you may receive up to $300,000 for each hip that required revision surgery. There are many factors that may play a role in how much you can collect. We can help you understand how the facts of your case may affect your financial recovery when we discuss your situation.
How Can I Reach a Stryker Hip Replacement Recall Lawsuit Lawyer?
At Gacovino, Lake & Associates, P.C., our lawyers understand how to handle complex medical device cases. We can pursue your claim or represent you through multidistrict litigation. Call us today at 631-600-0000 to schedule your free case evaluation with a knowledgeable Stryker hip replacement attorney.
We can determine your eligibility, explain your options for compensation, and help you recover the compensation you deserve. We handle defective medical device cases on a contingency basis, meaning you do not have to pay us anything unless we bring home an award or settlement on your behalf.