Articles Posted in Lawsuits

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Amount Stryker Hip Cases Could be WorthThe news that Stryker has settled some of the lawsuits filed against it by patients affected by its Rejuvenate Modular Hip Stem and ABG II Modular-Neck Hip Stem systems has many people pondering the value of the cases settled and how much their own cases are worth. Many of the details required to make that assessment remain shrouded in mystery due to the secrecy maintained by both Stryker and those who agreed to settlements about the terms agreed upon and the compensation provided. Even in the event of a mass settlement, what each individual can expect will depend solely upon his or her own circumstances and experiences while experiencing complications related to either of these products.

Economic and Non-Economic Damages

There are two primary forms of damages considered in any personal injury lawsuit which make up what is referred to as compensatory damages. Economic damages are those which can be physically proven in the form of medical bills, lost wages or earning potential and the cost of ongoing treatment. Non-economic damages are more difficult to quantify because they involve pain and suffering, a reduced quality of life and damaged relationships with others due to the injuries and complications endured. It is far easier to tailor expectations on economic damages because of the greater ease in proving their worth.

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Stryker Hip Cases May be Settled SoonPatients affected due to complications related to Stryker’s Rejuvenate Modular Hip Stem and ABG II Modular-Neck Hip Stem may now be able to receive out of court settlements. After numerous lawsuits were filed in 2012 following Stryker’s recall of the device, several bellwether cases would provide the framework for how additional cases would be handled. In 2013 it was announced that several other manufacturers of defective hip replacements had begun to settle out of court with those affected by their products and Stryker has followed suit by settling its first round of cases by August of 2014.

Court Ordered Mediation

In December of 2013, the New Jersey Superior Court in Bergen County ordered Stryker to undergo mediation with the plaintiffs involved in the MCL (multi-county litigation) it is presiding over. Of the twenty-one cases that have entered mediation, nineteen were settled, giving hope to future patients that Stryker may be willing to settle in order to avoid the drawn out process of taking the cases to trial. The information available about the terms agreed to by Stryker and the plaintiffs who settled is limited and the amount of compensation provided has not been disclosed.

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Stryker Rejuvenate Trials BeginA federal judge overseeing Stryker Rejuvenate hip implant liability claims has set the stage with the pretrial order. The Stryker Corporation, manufacturers of the Rejuvenate implant, is involved in five new lawsuits in New Jersey, with an additional 2000 + lawsuits pending in other federal courts including in Minnesota and Florida. The hip replacement corporation estimates the cost of resolution through litigation concerning lawsuits on the Rejuvenate device could cost more than $1.1 billion.

All cases have been consolidated as a part of the pretrial proceedings under Multi-District litigation (MDL), overseen by Judge Frank (see here for discussion of the MDL process and certification). The court issued a joint report and agenda indicating the status of more than 1040 open Minnesota cases under the MDL, with another 1180 pending cases in New Jersey courts and more than 60 Florida cases and 23 additional cases spread across Oregon, Michigan, Indiana and California.

Judge Donovan W. Frank issued an order designating how each lead case will be tried out of each of the five specific case categories. The U.S. District Court for the District of Minnesota will conduct each Stryker Rejuvenate trial involving a lead case, based on specific categories. These categories include the type of product implanted and the date of surgery along with any revision surgery outcome.

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 Time may be ticking away when it comes to your opportunity to pursue a claim for your Styker Rejuvenate case

Pursuing Stryker LawsuitsIn July 2012, Stryker Orthopedics announced it would be recalling their AVG II and Rejuvenate Modular hip implants. This is after it was determined that the metal hip implants were defective, and causing serious harm to hundreds of patients. The modular neck hip stems caused corrosion and fretting, leading to an adverse reaction of local tissue along with swelling and pain around the hip.

To date, the Stryker Corporation is not accepting full legal responsibility for its failure in designing and manufacturing ineffective hip replacements and bringing them to market. As a result, lawsuits have been filed all across America by patients experiencing hip replacement problems. The lawsuit seeks recovery from the failure of Stryker hip implants to compensate damages, medical expenses, lost wages, lost future potential earnings, pain and suffering.

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Stryker Hip Failure LawsuitDespite the voluntary recall of Stryker Rejuvenate and ABG II systems, numerous lawsuits against Stryker Orthopaedics and ongoing Multi-District Litigation efforts, the fact remains that thousands of people have yet to file their rightful claim for compensation. Do a quick Google search, and you will find hundreds of websites dedicated to the discussion of Stryker hip lawsuits. Even though the voluntary Stryker hip recall may be widely publicized, it does not mean that every patient is aware of his or her legal rights or has the technological means to learn about the Stryker hip recall.

The reality is that vulnerable patients with Stryker hip devices may be unable to physically move or conduct research on the recall. Family members of elderly patients with Stryker hip implants may need to investigate their loved one’s conditions and assist them in filing a legal claim. Stryker hip implant attorneys are compassionate and attuned to the needs of affected patients.

How Many People Have Stryker Hip Devices?

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New Jersey and the Resolution of a Stryker Hip CasesThe Stryker hip implant recall has spurred litigation in New Jersey, Minnesota and Florida. Because there are so many similar Stryker hip implant claims, the cases have been consolidated into Multi-District litigation proceedings (learn more about the Stryker MDL here) and have utilized bellwether trials to manage the discovery process for the claims.

On April 1, 2014 (Stryker.Pretrial.Order12), Judge Martinotti entered a case management order for the Stryker Rejuvenate & ABG II Modular Hip Implant Litigation in Bergen County, New Jersey. The order aims to resolve the Stryker Rejuvenate cases in a timely manner. In the order, Judge Martinotti stated that “parties will continue to confer in an attempt to resolve the remaining issues” in the case and seems to urge a resolution to these cases. Judge Martinotti also wrote that if parties do not reach a compromise by April 15, 2014, the parties will then need to advise the Court. The Court will hold a conference call to discuss the next steps in handling the case.

Multi-District Litigation and Mediation Used in Bergen County Stryker Hip Cases

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When it comes to ‘lawsuits’ stemming from design and manufacturing defects related to the Stryker Rejuvenate and ABG II hips, the majority of them are consolidated into a Multi District Litigation format (MDL) in the United States District Court of Minnesota. Per MDL rules, the cases are filed and tried individually, but are consolidated for purposes of discovery and case management as there are similarities between the underlying cases. The Stryker MDL (No.: 13-2441) was established last year and the cases are set before Magistrate Judge Franklin L. Noel and District Judge Donovan W. Frank.

Distinction of Bellwether Trials For Stryker Cases

On March 12, 2014, the Court met with Plaintiffs’ Lead Counsel Committee and Defense  Counsel to prepare a schedule for the Court to hear between three and five ‘bellwether’ cases in the Summer of 2015. These bellwether trials will typically involve a representative sampling of plaintiff’s from the MDL so the parties involved can gauge the values of cases similar to them. While the individual plaintiff’s to be involved in the Stryker bellwether trials, have yet to be determined, a bellwether group may include:

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Answers in Cases for the Biomet HipThere was a minor victory for patients that received faulty Biomet hip implants that have prematurely begun to fail. Biomet Inc. has agreed to pay a settlement of $56 million to cover injuries that were purportedly caused by their M2a Magnum and M2a 38 metal hip systems. The multi-district lawsuit that started in 2012 is compromised of hundreds of patients that have received these implants and have filed lawsuits claiming the devices caused pain, injuries and needed to be replaced.

Problems With Multiple Metal Hip Implants

This newest settlement is just one of many lawsuits that have surrounded the metal hip implant industry. The common problem with many of these metal-on-metal hip implants is the premature failure and corrosion of the metal components. This has caused pain, muscle lesions, metal poisoning and many other injuries to patients all over the world. Many patients are suffering a second surgery to have these implants removed, implants that were touted to last up to 20 years that are failing in the first few years.

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Florida Courts and Stryker LawsuitsRejuvenate and ABG II hip implants were called off the market by Stryker Corporation in July 2012. The move came after the receipt of various complaints by the FDA (Food and Drugs Administration USA) regarding these two models. The patients who received these implants have developed various ailments including severe pain, swelling and disability.

False claims alleged in the marketing of Stryker hips

The company claimed to be providing stable and durable products. On the contrary, these products caused various dangerous side effects and serious defects to the patient. The metal on metal implants caused an increase in the concentration of dangerous metal ions in the blood stream, which occurs because of the fretting of the metal in the joints. The microscopic metal debris and metal ions are then sucked into the bloodstream.

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Settlement for Metal Hips are a Quarter of a Million DollarsA large medical company has offered a multibillion-dollar deal to patients who have suffered pain and distress due to the malfunctioning of one of their devices. The metal hip implant manufactured by Johnson & Johnson is claimed to be one of the most faulted implants to be sold in the past few decades.

Johnson & Johnson was Aware of the Issues

The company was aware of the faults of the Articular Surface Replacement. The Depuy Orthopaedics is the sector of Johnson & Johnson responsible for the development of the device. An internal document that was retrieved from the company acknowledged an estimate that the device would fail within five years for about 40% of the patients who used it.