Stryker Corporation and Subsidiary Howmedica Osteonics Jointly Announce Multi-Million-Dollar Settlement Involving Hip Implant Devices, Parker Waichman LLP Comments

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The settlement will cover specific plaintiffs who underwent revision surgery by November 3, 2014 to have allegedly defective metal-on-metal Rejuvenate and ABG II devices removed and replaced.

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“We are pleased that potentially thousands of plaintiffs will see an end to their claims and will receive payment for past and future injuries associated with the allegedly defective Stryker devices..." said Gary Falkowitz, Esq.

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective drugs and medical devices notes that a settlement was just announced in the Stryker Corporation litigation involving the Rejuvenate and ABG II artificial hip implants. The multidistrict litigation (MDL) is: In re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, MDL number 2441, before the U.S. Judicial Panel on Multidistrict Litigation.

Under the global settlement, Stryker will provide an unlimited fund account that will pay base payment to each qualified patient that received a Rejuvenate or ABG II hip systems and underwent revision surgery by November 3, 2014. The base payment, according to the settlement is $300,000 to each patient, and may be adjusted depending on issues such as extraordinary medical injuries, including multiple surgeries, known as re-revisions; infections; and other medical complications allegedly due to the revision surgery. Plaintiffs who underwent revision surgeries to remove devices from both legs will receive double payment, according to the settlement. The deadline for eligible patients to submit claims under this settlement is March 2, 2015.

Revision surgery is a procedure in which the allegedly defective device is removed, or explanted, and replaced, noted Parker Waichman LLP. Removal and replacement may involve multiple surgeries and are typically more costly, dangerous, painful, and complex than the original implant surgery.

The total settlement amount will be at least $1 billion and will settle thousands of claims in litigation in New Jersey and Minnesota associated with the allegedly defective metal hip replacement part. A total of some 20,000 people in the United States were implanted with the Rejuvenate and ABG II hip devices.

Patients who have been implanted with a Stryker Rejuvenate or ABG II hip systems that fail and require revision surgery after November 3, 2014, are not eligible for this settlement phase and continue to be able to pursue claims against Stryker.

The Rejuvenate hip system was brought to market in 2009; the ABG II hip system followed in 2010. In 2012, Stryker issued a recall of the devices noting that the implants may fret and/or corrode, potentially leading to device failure and/or metal poisoning.

“Allegedly adverse reactions associated with metal-on-metal implants may include significant injuries,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP. “We are pleased that potentially thousands of plaintiffs will see an end to their claims and will receive payment for past and future injuries associated with the allegedly defective Stryker devices and the revision surgeries needed to remove and replace the devices.”

Injuries may include hip dislocation, bone fracture, joint infection, pseudotumors, nerve damage, device failure, osteolysis (bone loss), and a difference in the length of the leg, notes Parker Waichman LLP. Typically, patients will experience early symptoms that include groin, hip, or leg pain; swelling at or near the hip joint; a limp or a change in the way they walk; and popping, grinding, clicking or squeaking noises emanating from the hip joint.

Parker Waichman LLP continues to offer free legal consultations to victims of injuries caused by defective medical devices, including for individuals who were allegedly injured by the Stryker devices and who do not fall into this initial settlement group. If you or a loved one experience an injury or health problem associated with a defective medical device, please contact the office by visiting the firm's Defective Medical Devices page or Stryker Rejuvenate/ABG II page at Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).

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