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More than 600 cases have been filed against the Stryker Corporation. In a recall that was classified as a Class 2 recall issued in July 2012, the company’s metal on metal hip implants, Rejuvenate and ABG II hip systems, were taken off the market. This was in response to the numerous complaints being made to the FDA against the Stryker Corporation. A class 2 recall by definition is a recall of products that cannot be deemed safe medically and can cause adverse effects. According to the FDA, since the recall in 2012, more than 20,000 of these products have been distributed before production and sales were halted.
The pending cases in both federal and state courts have been consolidated for speedy trials. At the federal level, in June 2013 they were consolidated by the Judicial Panel on Multidistrict Litigation. Presently these are under pretrial in the US district court of Minnesota. The case identification is Stryker Rejuvenate and ABG II hip implant products liability, MDL No. 2441.
So far, 395 cases have been grouped for the pretrial proceedings. Thereafter, they may be dealt with individually. Litigation cases filed at the state level have also been consolidated, such as the group of multi-county litigations, also currently under pretrial in Bergen County, New Jersey.
Once the proceedings of the pretrial have been completed, the courts will select bellwether cases for the formal trial. Thereafter the remaining cases can proceed towards outside court settlement or trial in the court. The cases, which have been filed thus far, have been consolidated. However, if any additional cases come to light, which is predicted, they can be grouped together with previously combined cases for ease of the plaintiffs and the courts.
Plaintiffs claim that the misleading and incorrect marketing campaign by the Stryker Corporation regarding their products Rejuvenate and ABG II has caused them a significant monetary loss and physical harm. The products did not meet the claimed standards and have caused the recipients irreparable losses.
The Rejuvenate and ABG II hip implant systems have been linked to causing an excessive concentration of injurious metal ions due to the fretting and eventual failure of the implant. In most cases, patients were forced to undergo expensive medical treatment and some had to have replacement surgeries. The loosening of the implant caused a complete failure of what the product promised the user. Rather than providing comfort and stability to the user, it caused them severe and constant pain.
Stryker has initiated a voluntary recall of the Rejuvenate and ABG II modular neck hip stems in June 2012. They have initiated the reimbursement process for testing, treatment, surgery, and other related expenditures. In January 2013, there were only ten participating plaintiffs. By September 2013, that number had increased exponentially to 382. These statistics reveal that the number of cases against the Stryker Corporation is only going to increase and the company must prepare for further settlements.
As it is dealing with a large load of cases, the Stryker Corporation has hired a third party service to help them deal with recipients directly. The Broad Spire Services is a third company that will work with users of the Rejuvenate and ABG II hip systems in order to come to an agreement or settlement outside of the court. Before a plaintiff agrees to any of their possible offers, it is of utmost importance that they consult with a legal advisor.
A legal advisor experienced in the area of medical device lawsuits can help plaintiffs a great deal by providing exceptional advice. Before you agree to a third party settlement, consult your lawyer.