San Diego, CA (PRWEB) March 27, 2014
Resource4thePeople today announced several key developments in the progress of litigation* in which patients are alleging that they suffered serious side effects as a result of having Stryker Rejuvenate and ABG II hip implants.
The Food and Drug Administration announced on July 6, 2012 that the Stryker Corporation had voluntarily recalled its Rejuvenate and ABG II modular-neck stems.**
"These risks include the potential for fretting and/or corrosion at or about the modular-neck junction, which may result in adverse local tissue reaction as well as possible pain and/or swelling, in or around your hip," Stryker said in a warning to patients.***
"Since the recall announcement there have been hundreds of lawsuits* filed by patients who are alleging that they suffered these problems as well as more severe health issues and we are encouraged to report important developments in this litigation," said Resource4thePeople.
"Among the most important developments is an order by a federal judge overseeing Stryker Rejuvenate and ABGII hip implant lawsuits* from across the country that have been consolidated before him scheduling bellwether trials for the summer of 2015."
The order, which is in the court files for the multidistrict litigation overseen by Judge Donovan W. Frank in the U.S. District Court for Minnesota, also directs the attorneys in the case to meet and confer and choose cases that will be ready for trial then.
The latest case file statistics provided by the U.S. Judicial Panel on Multidistrict Litigation shows that the number of cases that have been consolidated before Judge Donovan Frank has climbed to 613 as of the latest reporting period ending March 17, 2014.****
"The latest figures show that the number of cases consolidated before Judge Frank corresponds with the increasing number of inquiries we are receiving from consumers involving their legal options to seek compensation over allegations similar to those before the judge," said Resource4thePeople.
"As a result, we are proud to announce that our national network of attorneys will continue to provide free consultations to all consumers who contact us about their eligibility to file a claim over these allegations."
The multidistrict panel, in consolidating the litigation, summarized***** the plaintiffs’ claims as focusing upon the performance of these products, particularly allegations that the hip replacement devices cause fretting and corrosion at the modular-neck junction and fail early:
“On the basis of the papers filed and the hearing session held, we find that these actions involve common questions of fact, and that centralization will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation.,” the panel wrote in assigning the case to Judge Frank.
“The actions share factual questions concerning design, manufacture, marketing and performance of Stryker’s recalled Stryker Rejuvenate and ABG II modular-neck stems. Centralization will eliminate duplicative discovery, prevent inconsistent pretrial rulings on discovery and other issues, and conserve the resources of the parties, their counsel and the judiciary.”
Stryker recalled the two systems in July, 2012, posting on the company website****** that they systems were being recalled because of severe side effects, some of which, according to allegations made in Stryker hip implant lawsuits can cause metallosis, in which the body can be poisoned by metal particles flaking off the systems.
Here is part of the recall posting:
"In June 2012, Stryker initiated a voluntary recall of its Rejuvenate and ABG II modular-neck hip stems. While modular-neck hip stems provide surgeons with an option to correct certain aspects of a patient’s anatomy and hip biomechanics, we decided to voluntarily recall these modular-neck hip systems due to the potential for fretting and corrosion at the modular-neck junction which may result in ALTR (adverse local tissue reactions), as well as possible pain and/or swelling at or around the hip."
Resource4thePeople also is offering free consultations to consumers who allegedly suffered similar side effects from DePuy Orthopaedics metal-on-metal hip implants.
Those systems also have been recalled after two trials involving allegations that DePuy metal-on-metal hip implants can cause serious side effects the company has decided it will no longer sell metal-on-metal hip implants.
Bloomberg News reported******* on May 17, 2013 that DePuy's parent company, Johnson & Johnson, made the announcement after two trials in which one jury******** awarded a plaintiff $8.3 million in damages and a second trial********* in which a jury found in favor of DePuy.
Resource4thePeople said that, "Even though Johnson & Johnson announced its decision to halt sales its national team of attorneys will continue to accept new cases over allegations that DePuy metal-on-metal hip implants caused serious side effects."
"The company's decision does not affect the legal rights of consumers to seek compensation for side effects that they allege were caused by metal-on-metal hip implant systems that are the subject of a huge multi-district litigation********** that is still underway," said Resource4thePeople.
In the first U.S. trial******** involving the DePuy metal systems allegations, a Los Angeles jury found on March 8, 2013 that DePuy and its parent company, Johnson & Johnson must pay a Montana man $8.3 in damages on a finding that the DePuy ASR system was defectively designed.
*13-MDL- 2441 IN RE: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, U.S. District Court for Minnesota, Judge Donovan W. Frank
********Kransky v. DePuy, BC456086, California Superior Court, Los Angeles County (Los Angeles).
*********Strum v. DePuy, 2011-L-9352, Circuit Court of Cook County, Chicago, Illinois.
**********In re: DePuy Orthopaedics Inc., ASR Hip Implant Products Liability Litigation, MDL-2197, U.S. District Court for the Northern District of Ohio