We’ve received a rash of inquiries about the pending Stryker Rejuvenate litigation from people who have just received notification from their physician that they have a recalled hip device. Yes, more than 24 months after the devices were officially recalled by Stryker and FDA issued recall statements, some physicians’ offices are just now sending out letters to their patients that they indeed have a device that may have given them problems in the past or will likely do so in the future.
Such a long delay in notification is doubtfully due to poor records keeping on the part of the office. While there is no official registry of people who have received Stryker hip implants, most physician offices use electronic record keeping which would surely allow a doctor or his or her staff to access the contact information about their patients with relatively little effort.
Delay Intentional? An Oversight? Does It Matter?
Given this incredible long delay in the notification of patients, one can only assume that the delay was a decision intentionally made on the part of physicians who may regularly perform hip replacement procedures. Perhaps these doctors were fearful of endangering their relationship with Stryker (which produces an awfully large number of orthopedic devices)? Or perhaps there was a fear on the part of the physicians (or their practice groups) as getting named in the lawsuit stemming from the recall and ensuing complications?
Unfortunately, despite whatever motivations may have been behind a decision to delay in the notification of patients with Stryker Rejuvenate hips, what’s done is basically done. From a legal perspective, these physicians who were slow to notify patients (if indeed they did) have no legal obligation to do so. Any notification on the part of a physician to his or her patients is strictly voluntary.
Understandably, patients who are just receiving notification that they were officially impacted by the recall, may be frustrated or just let down by the medical professionals they have entrusted their well being to. For some, getting word that they were impacted by this recall is a slight bit of relief as this substantiates some of the complications that they were experiencing. For most patients who are now receiving notification about the Stryker Rejuvenate recall, there is a real sense of mistrust.
Legal Implications Of A Delay In Notification Of A Stryker Rejuvenate Recall
Whatever your immediate reaction may be in relation to receiving a letter, phone call or email more than two-years after one of the most significant medical recalls in modern history, you most recognize that any basis for a claim or lawsuit involving the hip remains against the manufacturer as opposed to the treating physician. Our position with respect to physician or orthopedist responsibity for complications associated to a Strkyer Rejuvenate is that there basically is none. All of our Stryker Rejuvenate lawsuits name the manufacturer exclusively as we believe that these products are inherently defective and even the most acclaimed physicians could do nothing to avoid these complications that their patients were experiencing.
Time To Take Action Is Now
For all of the finger pointing when it comes to the notification (or delay) of patients with recalled hips, it is important to remember that they are entitled to compensation for their past and future pain, medical expenses and lost wages— just as though they were notified at the time the devices were originally pulled from the market– like many of our other clients were told.
Depending on the jurisdiction, a request for dismissal of any forthcoming lawsuits could be asserted on statute of limitations defense. In other words, the case is barred by time constraints. At the time that this article was written, we are unaware of any requests for dismissal of cases based upon a stutue of limitations expiration. However, in anticipation that this defense will be asserted in this cases, it is crucial for people who have received Stryker Rejuvenate hips to contact an attorney now so a lawsuit may be filed immediately.
Rosenfeld Injury Lawyers LLC is accepting Stryker Rejuvenate cases across the country. Even if you are unsure of the specific model that you have or do not possess any of the medical records related to your implant or revision surgery, we encourage you to contact us now. We will do all of the investigation of your case without any cost or inconvenience on your end. Weather you received notification of your device last week, last month, last year or just suspect that you have a recalled hip, we want to speak with you.
Dated: September 16, 2014