Dallas Fort Worth Injury Lawyer Blog
Stryker Rejuvenate hip lawsuits are on a fast track in New Jersey state court, with a court mandated mediation program in place to try and reach a settlement.
More than 430 defective hip product liability Stryker Rejuvenate and ABG II hip stems lawsuits are centralized in the Superior Court for Bergen County, New Jersey before Judge Brian R. Martinotti.
Mediation “Phase” Process
The parties have selected some cases in the so called Phase I mediation, which is to take place no later than December 15.
A total of 10 cases will be negotiated during Phase 1 mediation.
Phase 2 mediation is expected to involve Stryker Rejuvenate settlements for all cases filed and served between April 2, 2013, and July 26, 2013 in which the plaintiff has opted to be included in the process and provided a required Preliminary Disclosure Fact Sheet.
Bellwether Trials Still an Option
If mediation fails, then a small number of cases will be selected to serve as test cases, known as “bellwether” trials. Successful outcome for the plaintiffs usually leads to renewed settlement negotiations.
Federal Stryker Rejuvenate & ABG II Litigation
350 complaints are filed in U.S. District Courts throughout the country. These cases have been centralized for coordinated pretrial proceedings as part of an MDL, or Multidistrict Litigation, before U.S. District Judge Frank in the District of Minnesota.
Scope of the Stryker Rejuvenate or ABG II Hip Problem
More than 20,000 Stryker Rejuvenate or ABG II hip stems were sold in the United States before a recall was issued in July 2012.
According to experts, thousands of cases may be brought as individuals experience early failure of their Stryker hip stem, which often results in the need for removal surgery.
What is the Problem with Stryker Rejuvenate or ABG II?
The Stryker Rejuvenate and ABG II have a unique design. These hips consist of modular hipstems, involving two pieces that fit inside each other to allow the surgeon to customize the length of the femoral component based on the patient.
The design has been associated with the release of microscopic metal debris as the chromium-cobalt neck rubs against the titanium femoral stem. This release and absorption of metal debris is called metallosis. Metallosis can cause the implants to corrode at the modular junction, increasing the risk of hip inflammation, loosening of the hip implant and ultimately premature failure of the metal hip. These hips were apparently supposed to last a life time.
“Lifetime” promises falling short
Hip implants can last 15 to 20 years or longer, the Stryker Rejuvenate hip stem recall was issued only two years after the unique design hit the market place.
Plaintiff Allegations
The lawsuits claim that Howmedica and their Stryker subsidiaries designed and sold a defective and unreasonably dangerous hip system.
Plaintiffs allege that inadequate warnings and information was provided to consumers or the hip doctors about the risk of problems with Stryker Rejuvenate hip replacements.