What’s Happening in the Stryker Hip Lawsuit in 2014

The Stryker lawsuit in underway and in its beginning phases.

The Stryker metal on metal hip implants have caused very serious injuries.

Stryker is a major medical equipment manufacturer who released the ABG II Modular Neck Stem Hip Implant, as well as the Stryker Rejuvenate Hip Implant in 2009.

In July of 2012 these metal on metal hip replacements were voluntarily recalled by the company.

These devices were failing an an alarmingly high rate, causing infections, pain, swelling, metal poisoning or metallosis, tissues damage, and even dislocation or displacement of the hip implant.

Many of the recipients of the Stryker hip implants have had to have their devices removed surgically, and replaced by a working product.

These surgeries are very dangerous, costly, and require months of painful rehabilitation afterwards while the patient adjusts to their new hip.

Stryker Hip Lawsuit is in Discovery Phase

The Stryker lawsuit has formed a Stryker multidistrict litigation, or Stryker MDL.

A multidistrict litigation, or MDL is a way of organizing hundreds or even thousands of injury claims, as is the case with the Stryker lawsuit,

Click here to learn all about the Stryker MDL, and what it means to you.

You might be asking, “Just what is a discovery phase?”

A discovery phase is the very beginning of the pretrial procedures, in which all parties are exchanging relevant information and documents.

Both the plaintiffs and the defendant share information with each other that will help them build their own cases. For example, the defendant, in this case Stryker, will want to know about any possible witnesses the plaintiffs will call to stand.

If one party objects to sharing a certain piece of information during the discovery phase, the opposing party can file a motion in court to try and compel it.

The discovery phase is the very first part of the pretrial litigation.

Stryker Hip Lawsuit Bellwether Trials are Coming Soon

After the discovery phase, the next step is for the court to hear the bellwether trials.

Bellwether trials happen when the court selects a few claims to be heard in court which act as representatives for the thousands of other very similar claims.

For example, if the court hears 10 Stryker bellwether trials, and each one of them moves for a Stryker settlement, the court and the defendant can assume that a settlement will be necessary for all the Stryker claims.

Thus, the courts and legal counsel do not have to litigate thousands of claims because the bellwether trials represent the group as a whole.

The bellwether trials for the Stryker lawsuit are scheduled to be heard in spring and summer of 2015.

Why You Need to File Your Stryker Hip Lawsuit Right Away

If you have received a faulty Stryker hip implant, or other metal on metal hip implant the time to act is now. The lawsuits are underway.

Yes, Stryker is offering compensation for the surgery to removed or correct the hip implant, but they are not offering compensation for your pain and suffering. That is where a Stryker lawsuit comes in.

Additionally, there is a statute of limitations on the Stryker lawsuit. The statute of limitation varies state per state, but may be as short as 1 year after you received your hip implant.

A Stryker lawsuit will pause the statute of limitations, giving you some time to sort it all out.

Getting reimbursement from Stryker itself does not stop the statute of limitations, and can lead to you missing out on your rightful Stryker settlement.

At Consumer Claims Center of America we work with the major lawyers on the case. We offer a free claims consultation, and you will not incur any legal fees unless you collect a fair and just Stryker settlement.

You have nothing to lose and much to gain, so start your Stryker claim today by filling out the online claims form on this page, or calling the number below to speak with a live representative.

1-800-272-0491

Developments in Hip Replacement Lawsuits

The DePuy settlements are going to finish paying out by the end of the month.

The Stryker lawsuit and the DePuy lawsuit are ongoing, but some major settlements have been reached.

A report released by on August 7th indicates that the DePuy ASR lawsuit is beginning to come to a close after a $2.5 billion settlement is now paying out to claimants in the DePuy lawsuit.

DePuy Orthopedics, a division of Johnson and Johnson, recalled its ASR metal on metal hip replacements because they were faulty by design.

The metal on metal construction eventually lead to corrosion, metal poisoning (metallosis), and other painful problems.

Many who had the DePuy ASR hip replacement system had to have it surgically removed, resulting in risky surgery and months of painful rehabilitation.

DePuy Orthopedics Settles Majority of Claims

As of August 31st, 2014, Johnson and Johnson is scheduled to have completed payment of the landmark metal on metal hip replacement settlement.

Johnson and Johnson owns DePuy Orthopedics, a company that has been under fire because of their faulty and dangerous metal on metal hip replacements. Over ten thousand plaintiffs sued DePuy after having to have the dangerous and poorly designed hip implants removed,

In November of last year (2013) Johnson and Johnson agreed to a landmark settlement,  paying out approximately $2.5 billion to affected claimants who had the recalled DePuy metal on metal hip replacement systems implanted, and subsequently removed.

Each eligible claimant has been awarded a base DePuy settlement of $250,000, to be adjusted for more or less depending on the circumstances of each individual case.

This settlement is being paid out to victims who had either the DePuy ASR™ XL Acetabular Hip System, or the DePuy ASR Hip Resurfacing System implanted ands had to have them surgically removed.

The settlement covers people who had their metal on metal hip implants removed prior to August 31, 2013.

The DePuy lawsuit is still open for claimants who had their DePuy ASR hip systems  removed after August 2013, or have not yet undergone the surgery.

The DePuy ASR Hips were recalled in 2010  after a high incidence of failure, resulting in injuries and corrective surgery.

Since the DePuy settlement is being paid out, the hip replacement litigation will now focus on the Stryker Lawsuit.

Johnson and Johnson knew the ASR Hip Replacement would Fail: Used it Anyway

The National Joint Registry of England and Wales reported that ⅓ of the DePuy ASR Hip Implant systems were failing.

At first, Johnson and Johnson denied the allegations. But, as documents were released during the DePuy lawsuit, it was uncovered that DePuy had conducted an internal study that revealed that up to 40% of the hip implants would fail within the first few years.

Hip implants are supposed to last 10-20 years before requiring revision.

It is estimated that about 31,000 people had a defective DePuy Hip implanted.

If Johnson and Johnson was correct, and 40% of them would fail in the first few years, that means that approximately 12,400 people would experience the excruciating pain and serious medical danger of a failed hip replacement.

Stryker Hip Lawsuits and Others Still Fighting in Court

As the $2.5 billion settlement from Johnson and Johnson’s DePuy Orthopedics is finally being paid out in full, courts are now focusing on the Stryker metal on metal hip replacement lawsuit and others.

Other metal on metal hip replacements that are currently, or expected to attract injury lawsuits include:

  • DePuy Pinnacle
  • Biomet M2a 38
  • Biomet M2a Magnum
  • Stryker ABG II
  • Stryker Rejuvenate
  • Accolade Femoral Stem Hips
  • Wright Conserve Hip Systems
  • Profemur Z Stem Hips Systems

If you have been hurt by these defective products, you may be eligible for a claim in the metal on metal hip replacement lawsuit. Contact us immediately to begin your Stryker lawsuit today, as the litigation is currently in process and settlements are expected to pay out soon.

 

by Bill Bohack

1-800-272-0491

What is the Stryker Multidistrict Litigation?

The Stryker MDL is in session, located in the District of Minnesota.

Forming a multidistrict litigation, abbreviated as an MDL is an organizational method the judicial system uses in large cases such as the Stryker lawsuit.

As is, the Stryker lawsuit consists of thousands of claimants (also called plaintiffs) that live all over the United States, in multiple court districts.

Since these plaintiffs all have very similar complaints (they received a faulty hip replacement that resulted in personal injury), they can combine their claims in the Stryker MDL to save both time and resources.

The Stryker MDL will save the plaintiffs, the defendant, and the court system resources by cutting litigation costs, and centralizing the Stryker lawsuit into one court room.

When a large number of people are hurt by a defective product and an MDL is formed, the individual claims are transferred to a federal court that has been selected to hear the case.

Presiding over this federal, or District court is a District Judge.

Judge Donovan W. Frank has been appointed to the Stryker MDL.

The Stryker MDL has been scheduled to be carried out in the District of Minnesota.

The Stryker MDL Process: What Happens in an MDL

When there are lots and lots of very similar personal injury claims, these claims are often consolidated into an MDL. Each individual claim is transferred from it’s original district and court to the federal court that has been selected to handle the MDL.

MDLs are in charge of pretrial proceedings only.

Often, cases such as the Stryker lawsuit are settled in the pretrial stages and do not need to move on to trial litigation.

The judge of the Stryker MDL must determine if the claim is valid. Frivolous claims will be dismissed at this stage in the process.

When the decision to form the Stryker MDL was made, hundreds of Stryker lawsuits were transferred to the District of Minnesota. These cases will go through the pretrial proceedings in the District of Minnesota, and will likely be settled in the Stryker MDL, rather moving on to trial.

One of the first things that happens in an MDL is the judge will select a Plaintiffs’ Steering Committee, or PSC.

The Stryker PSC is a group of attorneys appointed to represent the needs of the plaintiffs. This group of lawyers fight for the rights of all the claimants involved in the Stryker lawsuit. The Stryker PSC was appointed in November of 2013.

After the PSC is appointed, the discovery phase will begin.

The discovery phase is where all parties involved exchange pertinent information and documentation. For example, if a witness is going to be called to the stand, all parties will be informed that the witness will be called so they can prepare to examine them.

After the discovery phase, bellwether trials are heard by the court to determine if the claims merit a settlement, or compensation for damages and losses.

In an MDL a handful of cases (5-10 or so) are selected to be heard in the court as a representative sample. These are called the bellwether trials. These cases are similar enough to represent the large body of plaintiffs making Stryker claims.

The verdicts from the bellwether trials can be used for the court and defendant (Stryker) to determine if they should settle.

Settling at this stage could save Stryker money, and also get the compensation to the plaintiffs sooner. If Stryker sees that there is little chance that they could win the lawsuit by fighting it in court, they will offer a settlement ($$$) in the Stryker MDL, during the pretrial stages.

This will save all parties involved time, effort, and legal fees. It would get the Stryker claimants the money they deserve faster, so they can concentrate on healing.

Often, the defendant (Stryker) will offer a settlement during an MDL. If the plaintiff (the injured party) is not happy with the settlement offered, they have a right to reject it.

If a plaintiff rejects a Stryker settlement offer, the case will be transferred out of the MDL back to the original court district the complaint was filed in.

After the case has been transferred to it’s original court district the plaintiff’s Stryker Lawyer can take it to court and litigate, or fight for a higher settlement amount.

So, in summary, the Stryker MDL consolidates the cases to be heard in one federal courtroom, by one judge. The judge hearing the case appoints a Plaintiffs’ Steering Committee, or PSC to represent the plaintiffs. The court then proceeds in the discovery phase and the bellwether trials.

At this point Stryker will likely offer a settlement, which individual plaintiffs can chose to either accept or reject. If the plaintiffs accept the settlement, they will be paid in full by a specified date.

If a plaintiff rejects the settlement, it is their right to take the Stryker lawsuit to court, and the claim will be transferred back to its original district for litigation.

Consumer Claims Center of America

At Consumer Claims Center of America we are consumer advocates. Our role is to serve and assist claimants through every step of the Stryker lawsuit process.

Part of our role is to inform you of your legal rights, and keep you up to date on the Stryker lawsuit, and the Stryker MDL.

If you choose to proceed with us, we will evaluate your claim at no cost to you. If you are eligible for a Stryker claim, we will work tirelessly until you collect your rightful compensation.

We work with Stryker lawyers on the Stryker PSC, both directly and indirectly. We will make sure your Stryker claim gets the attention it deserves, and is not “warehoused” among the masses.

We will fight for you, so you can concentrate on healing.

We do not charge a fee until you collect your Stryker settlement.

Call Consumer Claims Center of America to speak with a live representative. The statute of limitations may be running out on your Stryker lawsuit, so the right time to call is now; we can help.

1-800-272-0491

Stryker Hip Lawsuit Help: 1-800-272-0491

Medical equipment manufacturer Stryker Orthopedics has recalled its two hip implants voluntarily.

The models that were recalled were Stryker Rejuvenate and Stryker ABG II as these had the same type of modular neck hip stem.

There are other manufacturers such as Depuy and Zimmer that have also recalled hip replacements.

The Michigan based Stryker has made over $8 billion in sales, of which 13% was contributed by the hip implants before the Stryker Hip Recall was issued.

What Went Wrong with Stryker Hip Implants?

Stryker warned doctors about the potential risks associated with use of their hip implants two months before the official Stryker Hip Recall. This was in an attempt to downplay the initial fear factor that would arise when the recall was made.

The problem associated with these hip implants is that the stem runs deeper into the femur bone of the leg and has a tendency to corrode.

The Stryker models have displayed a high failure rate within a short period of time and there are speculations that there are very serious issues associated with the hip implants that were recalled.

This recall of the hip implants by Stryker has triggered fears from the patients who are recipients of Rejuvenate and ABG II devices and those that were negatively affected by the implant have filed Stryker lawsuits to potentially receive compensation for their suffering.

We can be of assistance if you think you may be eligible to join a Stryker Class Action Lawsuit. We offer a free case evaluation, and do not charge a fee unless you collect a fair settlement.

Reasons Behind the Stryker Hip Recall:

Stryker discovered that there were numerous problems associated with its two implants years before they took the initiative to announce the Stryker Hip Recall of the highly dangerous hip stems.

Even though the design was very different from the traditional hip implants, the company performed only a few laboratory tests before marketing it to the public.

While the traditional hip implants had two parts such as femoral stem with a ball and cup, the Rejuvenate and ABG II implants had 4 parts such as femoral stem, tabular cup, metal neck and a ball.

Problematic Design of the Hip Implants:

The concept behind such a design was to allow the surgeon to choose the required length and angle for the individual as the implants had 4 parts. The problem with the new design was that it was metal on metal while the traditional devices were made of fiber and plastic.

Therefore, whenever the metal brushes with its metal joint, it results in fretting and corrosion. As the friction increases between the joints, the metal on metal hip implants release great levels of chromium and cobalt ions into the bloodstream, which can lead to metal poisoning, called metallosis.

Find Out if you Qualify for a Stryker Hip Lawsuit

Before the Stryker Hip Recall, were you or a family member implanted with the Rejuvenate or ABG II hip device?

If the answer is yes, and you have experienced one or more of the following side effects, you may have an excellent case against Stryker.

  •  Fretting
  •  Corrosion
  •  Hip dislocation
  •  Metal poisoning
  •  Intense pain in the hip joints
  •  Crackling
  •  Popping in the metal joints

You may be eligible to receive remuneration for all the pain and suffering you have undergone, or for the invasive hip revision surgeries that you would never had needed the device had not been faulty.

If your Stryker hip implant affected you negatively, contact us today.

We offer free Stryker Hip and other Hip Implants Recalls case evaluations to determine if you are eligible to file a lawsuit.

1-800-272-0491