Stryker's Latest Hip Implant Recall Leads to Lawsuits
UPDATED: August 5, 2019
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In July 2012, Stryker Corporation issued a Class 1 recall of its latest hip implant models, the Rejuvenate and ABG II implants. A Class 1 recall is issued when the product creates a substantial risk of serious harm to patients, and every patient who received a Stryker hip implant should consult their physician immediately.
Defects Leading to Stryker’s Hip Implant Recall
Stryker’s latest recall came after patients experienced significant pain after the products were installed, and it became apparent that the neck and stem components were rubbing together. The friction between the parts of the implant caused metal fragments to break off the implant and enter the blood stream, leading to a condition known as metallosis. Although the full health risks associated with metallosis are not know, the condition causes significant pain and damages the surrounding tissue.
In order to correct the problems created by the Rejuvenate and ABG II models, patients will need to undergo a painful corrective surgery. The revision surgery will not only cause significant discomfort, but will increase the amount of time required to rehabilitate after hip surgery. Patients who have had Stryker hip implants installed should first ensure they are getting the appropriate health care, and second consult an attorney for the possibility of legal action.
In the wake of Stryker’s recent hip implant recall, attorneys will consult with injured patients and begin filing lawsuits against the company to ensure injured parties are properly compensated.
Why Stryker is Liable for Injuries
Stryker is liable for the injuries to patients because it manufactured and released onto the market a defective product that caused serious injury. Stryker may have further weakened its position in this case because it released both the Rejuvenate and ABG II hip implants without first testing them. Stryker bypassed testing under the FDA’s 510(k) exemption that allows companies releasing products on to the market to do so without testing if they can show the new product is similar to one that already exists. Stryker released its latest hip implants without first testing them, and may have missed the opportunity to detect and correct the problems that caused patients injury.
By releasing its implants without testing them, Stryker effectively made all the patients who had the Rejuvenate and ABG II models installed test subjects by monitoring how the implants performed after surgery. Stryker was unable to foresee the problems that caused patient injury because the company was not require to perform premarket testing, and the decision to fast track its newest implants will likely cost the company in upcoming lawsuits.
Damages Available in Stryker Hip Implant Lawsuits
Before filing a lawsuit against Stryker for injuries caused by defective hip implants, it is important to be aware of the types of damages available. Patients injured by the Stryker Rejuvenate or ABG II hip implants should claim the following:
- Damages for pain and suffering, which factors in the pain of additional surgeries, and the negative effect multiple hip surgeries will have later in life
- Damages for out of pocket medical costs, including additional corrective surgeries
- Damages for past, current, and future loss of wage earnings
- The potential for punitive damages because the products were released without clinical tests
Regardless of what damages are available in each particular case, it is critical that an injured patient be able to prove that they suffered a particular loss. An injured patient considering litigation should document every expense and loss associated with the injuries caused by a Stryker hip implant. From the initial surgery, to follow up medical care, to doctor visits, to corrective surgery, to communications with an insurance company, every single incident throughout the process needs to be documented.
An experienced attorney is critical to the success of a Stryker hip implant lawsuit, so be sure to contact one if you or a loved one has experienced problems with Stryker’s Rejuvenate or ABG II models. The injuries associated with Stryker’s latest hip implant models can be serious, and the compensation owed can be significant. Contact an attorney to determine if you eligible to join lawsuit.
Check out the following articles for more information about Stryker Hip Implants, filing a Stryker Hip Implant lawsuit and finding a Stryker Hip Implant attorney.
- For more information about Stryker Hip Implants, see Stryker Hip Implants: Overview & Claims.
- For more information about Stryker Hip Implant problems, such as pain, squeaky joints and/or bone fractures, see Stryker Hip Implant Problems: Pain, Squeaky Joints & Bone Fractures.
- If you would like to learn more about Stryker Hip Implant lawsuits and see how an attorney can assist you, see Stryker Hip Implant Lawsuits, Litigation & Lawyers.