Metal-on-Metal Hip Recall Lawyers
Stryker Rejuvenate recall details
The Stryker Rejuvenate is a metal-on-metal hip implant with a high failure rate. In June 2012, after just a few years on the market, the Rejuvenate and its related device the ABG II were both recalled at the direction of the U.S. Food and Drug Administration, which regulates medical devices. Some experts believe that nearly every Rejuvenate and ABG II eventually will fail. Unlike other metal hip implants, the problem with the Rejuvenate is the stem and not the acetabular shell or head.
Many people who received a Rejuvenate got a recall letter from their hospital or doctor. Some people did not get a letter. Even if you are not experiencing pain from your Rejuvenate hip implant, you should make sure to visit your surgeon regularly and have your blood tested for elevated levels of cobalt and chromium and titanium.
Why does the Rejuvenate fail?
One problem with the Stryker Rejuvenate is believed to be the modular neck stem, which is driven into the patient’s femoral bone during the initial implant surgery. The Rejuvenate stem is made of a special titanium alloy called TMZF. The other pieces of the device, including the neck itself, are made of cobalt and chromium. They can be used with numerous other types of acetabular shells and heads. The Rejuvenate was on the market from February 2009 to June 2012.
With other metal hip implants, the problem is that when the pieces of the device rub against each other, tiny particles of metal are shed into the patient’s bloodstream. Over time, this process can lead to a dangerous condition called metallosis. Symptoms of metallosis may include tissue and bone damage, kidney and liver trouble, loosening of the device, neurological and cognitive defects, and painful clicking and popping sensations.
Eventually, this condition forces many patients to have a costly and painful procedure called revision surgery to have the device removed. The problems with the Rejuvenate also may lead to metallosis, but the process is different.
With the Rejuvenate and ABG II, the reaction of the titanium and other metals in the device causes fretting, galvanization and corrosion. Stryker claimed that its proprietary TMZF material eliminated these problems, but unfortunately for patients this is not the case.
For many patients, the only remedy is to have the Rejuvenate surgically removed using a tool called a slap hammer. Here are some of the typical medical bills for a patient with a defective Rejuvenate hip stem.
- Medical monitoring and blood tests: $3,000 a year
- Revision surgery: $55,000 to $95,000
- Physical therapy and nursing home care after revision: $12,000
- Long-term follow up care: $1,700 a year
Will Stryker be held accountable?
Stryker is the business name for Howmedica Osteonics Corp., based in Mahwah, New Jersey. The company also makes bone cement, surgical navigation equipment and other medical devices. Stryker’s current market capitalization is $28 billion, and in 2012 it reported a net profit of more than $1.7 billion before taxes. It told investors in late 2013 that the hip stem recall might cost between $700 million and $1.13 billion — less than a year of income.
Stryker already faces thousands of lawsuits from U.S. consumers with injuries related to the recall. The attorneys at Jones Ward PLC represent injured Rejuvenate hip patients all over the country, from Kentucky to Georgia and Louisiana to New York. Many of those cases are part of a consolidated legal proceeding called Multi-District Litigation, or MDL for short. Jasper Ward was named to the Plainitffs’ Steering Committee by the Hon. Donovan Frank on November 5, 2013.
Faced with negative publicity and the potential for thousands of trials over its recalled hip devices, Stryker agreed in November 2014 to settle the claims of hundreds of plaintiffs in a deal worth approximately $1.45 billion. But the deadline to enroll in the program passed in March 2015, and the settlement wasn’t a good fit for everyone. More than four years after the recall, Jones Ward PLC continues to fight for the rights of patients with more recent hip failures of the Rejuvenate and ABG II hips, based on the unique circumstances of their cases.
An MDL is not a class action lawsuit. The cases are consolidated only for pre-trial purposes. Jones Ward PLC is actively involved in the MDL litigation on behalf of injured Rejuvenate hip recipients. The MDL is in federal court in Minnesota. Other cases are filed in state court in New Jersey.
What kind of damages are available in a Stryker Rejuvenate hip case?
Each case is different. At Jones Ward PLC, your case will receive the individual attention that it deserves. Our attorneys will visit you at home, or in another comfortable location where you can share details about your Stryker Rejuvenate hip injuries. Some of these details may include:
- Lost wages from your job due to surgery and related recovery.
- Pain and suffering from not being able to sleep well, difficulty walking or driving a car, grinding and popping sensations in your hip, and surgical recovery.
- Medical bills that may average $100,000 or more per person.
- Future pain and suffering and lost wages until you reach the age of retirement
- Loss of consortium for your spouse due to strain on your marriage, loss of intimacy, inability to do household chores and participating in daily activities.
- Punitive damages for Stryker’s failure to share information about the dangers of the Stryker hip device, even after it knew about safety problems.
How do I preserve my rights?
If you do not file a lawsuit within a certain amount of time, you may lose your right to compensation due to the Statute of Limitation. This deadline is different in each state, and it varies depending on the claims you are making in the lawsuit. In Kentucky, for example, the deadline for a product liability claim is one year. However, the same claim in Indiana is two years, and in Florida it is four years. For a free evaluation of your potential Stryker Rejuvenate hip recall claim, contact Attorneys Jasper D. Ward or Alex C. Davis.