Lawsuit Status Update: The Latest on Stryker Hip MDL

Stryker Hip Replacement Lawsuits

Quick Refresher: The Stryker Rejuvenate hip replacement device has been linked to an increased risk of metallosis and a high early failure rate, resulting in some patients having revision surgery to replace their hip replacement device. Due to alleged Stryker Rejuvenate hip implant problems, some patients have considered filing a Stryker Rejuvenate hip lawsuit.

Plaintiffs in Stryker hip lawsuits allege this has caused them to suffer local tissue reactions manifesting with pain and/or swelling, and other adverse outcomes including metallosis, necrosis and osteolysis. Stryker has advised people who received Rejuvenate and ABG II hip stems to undergo blood tests for elevated metal ion levels and cross sectional imaging to ensure the components are functioning properly, even in the absence of symptoms..

Latest Info:

Stryker Rejuvenate Class Action

• A Stryker lawsuit seeking class action status was filed January 25, 2013 in US District Court for the Southern District of Florida.

• The lead plaintiff in the pending class action is Bernard G. Owen. According to Lawyers Weekly (2/15/13), the Boynton Beach resident received his Stryker Orthopedics Rejuvenate Modular Hip System in July 2011. It was recalled a year later.

• The lawsuit seeks, among other things and on behalf of Stryker patients, ongoing medical monitoring for serious post-implant side effects. “In order to determine whether a Rejuvenate System modular hip neck has fretted, corroded, or otherwise failed, blood tests, imaging studies and physician exams must be performed.”

Stryker Rejuvenate Multi-district Litigation (MDL)

• On January 15, 2013, all cases in New Jersey related to the Stryker Orthopedics Rejuvenate Modular Hip System were consolidated in January as multicounty litigation by the New Jersey Supreme Court under Judge Brian R. Martinotti of Bergen County Superior Court.

• An MDL is more practical for both the plaintiffs and the judicial system. An MDL is a special federal legal procedure that speeds up the process of handling complex cases such as complex product liability lawsuits just like Stryker Rejuvenate lawsuits. An MDL can take place when civil actions involving one or more common questions of fact are pending in different districts.

• Lawyers representing the plaintiffs in the MDL are currently conducting a unified general discovery into the general allegations common amongst all plaintiffs

• A steering committee for the Plaintiffs has been formed, as has a scientific committee and several subcommittees, which will speed the process of filing complaints.

• According to Orders issued by the Court on April 29th, the Defendants have consented to the use of long and short form complaints submitted by Plaintiffs’ attorneys last month. (In re Stryker Rejuvenate Hip Stem and the ABG II Modular Hip Stem Litigation, No. 296). The issuance of these orders will allow Stryker hip lawsuits to move forward in this litigation more efficiently.

• Some Stryker hip replacement lawsuits currently pending in the MDL in New Jersey Superior Court, Bergen County, are headed to mediation. According to an announcement on May 14, Judge Brian R. Martinotti, on April 2, ordered the defendants and the lawyers representing the plaintiffs to each pick five lawsuits for mediation. Discovery and other pretrial matters will continue in the litigation, while mediation takes place.

• Court documents indicate that at least 145 Stryker hip lawsuits have already been filed in the New Jersey litigation. The next Case Management Conference in the Stryker hip replacement litigation has been scheduled for May 15th.

• Earlier this year, a number of plaintiffs in federally-filed Stryker hip replacement lawsuits petitioned the US Judicial Panel on Multidistrict Litigation (JPML) to establish a consolidated proceeding for those claims in a single federal court. Oral Arguments on the matter have been scheduled for May 30th. (In Re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, Case Pending No. 20 (JPML))

Stryker Reimbursement Program

• Stryker has implemented a program to reimburse plaintiffs for out of pocket expenses incurred for diagnostic testing and revision surgery.
o For plaintiffs with insurance, this program will only pay for out of pocket expenses.
o For plaintiffs without insurance, the program will pay 100% of the cost.

• In addition to medical expenses, Stryker will pay for other expenses associated with the device failure. These include wage loss and other attendant expenses such as attendant care for an elderly spouse, travel, mileage and expense related to recovery for revision surgery, assessed on a case-by-basis.

• Lawyers representing the plaintiffs are handling the reimbursement claims on behalf of the plaintiffs.

Stryker Rejuvenate Hip Product History

• The Stryker Rejuvenate is a metal-on-metal hip replacement device that was marketed as having less stress on the bone, joints and surrounding tissue.
• The Rejuvenate and ABG II systems were approved by the FDA in 2008 and became available in late 2009.
• In July 2012, The Stryker Orthopedics Rejuvenate Modular Hip System was recalled after an expert panel reviewed no fewer than 17,000 adverse reaction reports from 500,000 metal-on-metal artificial hips.