Notice of Stryker Rejuvenate Hip Revision Surgery Required in MDL Cases
The U.S. District Judge presiding over all federal Stryker Rejuvenate hip lawsuits is requiring plaintiffs to file notice with the Court if they undergo revision surgery for problems caused by the recalled hip replacement.
In July 2012, about 20,000 Stryker Rejuvenate and ABG II hips were removed from the market amid reports that users were experiencing a high-than-expected rate of problems with the implant, often resulting in the need for revision surgery to remove the device.
Unlike traditional hip replacements, which feature a single femoral component, the Stryker Rejuvenate and ABG II implants have a modular stem, where two pieces fit inside each other to allow the surgeon to adjust the length to match the patient’s anatomy. However, as the metal components rub against each other during normal daily activities, it has been discovered that the design allows microscopic metallic debris to be released into the body, increasing the risk of loosening and failure.
More than 5,000 product liability lawsuits have been filed by individuals who experienced problems with Stryker Rejuvenate hips, with the federal litigation centralized before U.S. District Judge Donovan Frank in the District of Minnesota for coordinated discovery and pretrial proceedings.
Last year, a global Stryker Rejuvenate settlement was reached by the manufacturer to resolve all cases where plaintiffs underwent revision surgery on or before November 2, 2014. However, as the defective modular systems remain in the bodies of thousands of patients, Stryker Rejuvenate failures continue to result in the need for revision surgery.
In a Pretrial Order (PDF) issued April 17, Judge Frank indicated that any plaintiff who undergoes revision surgery after the filing of his or her lawsuit must filed a “Notice of Revision Surgery” with the Court within 45 days of the surgery. The notice must set forth the basic details of the surgery, and will be deemed an amendment to the plaintiff’s prior pleadings.
Despite the settlement announced late last year, it is expected that Stryker will continue to face litigation over the Rejuvenate and ABG II implants for years, as hip replacement lawyers continue review and file cases for individuals who had the recalled hip implanted and are now experiencing problems that require revision surgery.
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