You’ve got questions about your Stryker hip prosthesis? We’re here to help.
If you or a loved one is implicated by the Stryker or DePuy hip recall, you likely have many questions about both your short-term and lifelong medical / legal rights. As pioneers in the metal-on-metal hip litigation, we have experience assisting others who have dealt with many of the concerns you now face. Our law firm has been recognized for its excellent results in the fields of medical device litigation as we have consistently achieved superior results for our clients with serious complications and disabling conditions.
While we are not doctors, we have consulted with some of the leading experts in the fields of orthopedics and medical device design who have given us valuable insight into the past and future implications related to this class of medical devices that seem to be riddled with a mounting series of concerns.
The list of Stryker Hip FAQ’s we’ve assembled below has been assembled after representing many clients in Stryker and DePuy cases. If you still have questions about your particular situation, do not hesitate to contact our office to speak to an experienced hip litigation attorney for a free case evaluation. Our hip defect litigation team is second to non when it comes to preparedness, dedication and results.
Which Stryker hip devices have been recalled?
On July 6, 2012 Stryker voluntarily recalled its Rejuvenate Modular Hip System and its ABG II Modular-Neck Hip Stem. These devices have been used since approximately June 2008.
How long do I have to file a lawsuit against Stryker in relation to a defective hip?
All lawsuits must be filed within a specific period of time referred to as a statute of limitations. The statute of limitations is dependent upon the jurisdiction where the case is filed. Because statute of limitations may vary considerably, a person with a defective hip product may be best served by consulting with an experienced Stryker hip recall attorney as soon as they become aware of their circumstance.
How much does it cost to hire a lawyer to represent me in a Stryker hip defect lawsuit?
All of our Stryker (and DePuy) hip failure cases are handled on a contingency fee basis—meaning our fee is earned exclusively upon a recovery for you. As experienced hip recall attorneys, our interests are uniquely aligned with those of our clients as we ONLY receive a legal fee when there is a recovery for you. In addition, our law office pays all of the expenses related to your claim. We only recovery these expenses when there is a recovery for you.
Our Stryker lawyers welcome the opportunity to discuss your case without cost or obligation on your end. Even if you are unsure if you wish to retain an attorney, you are welcome to call our office and ask questions for free.
Why should I consider hiring a lawyer for my Stryker Rejuvenate or ABG II Modular Hip Neck Stem case?
The retention of a lawyer is a personal decision that may be dependent upon a variety of factors including your personal circumstance. The reality is that from the moment that a defect was acknowledged with the Stryker products, the interests of the company and those of the individuals with the defective hip prosthetics are adverse due to the fact that the company has an interest in paying out as little as possible to resolve the case for each individual.
Additionally, Stryker like most medical device companies involved in a product recall, benefit very much from a position of power when it comes to negotiating claims directly with individuals. Behind the scenes of each case lies a team of attorneys, medical technicians and other professionals who are focused on resolving each claim as quickly as inexpensively as feasible.
When an individual secures an attorney to represent them in their case, they benefit from both the advocacy and experience that comes along with metal-on-metal hip defect litigation can only bring. Our attorneys have experience litigating hundreds of metal-on-metal hip recall cases on behalf of individuals across the country. We know the techniques of how many of these manufacturers evaluate cases and take the necessary steps to maximize the real value of your case. Our contingency fee system ensures that our interests are completely aligned with those of each client as we only charge a fee when there is a recovery for you.
Put our experience to work for you. We invite you to talk with a Stryker Rejuvenate lawyer without cost or obligation to discuss your legal options related to your Stryker product.
Is there a difference between filing a claim and lawsuit against Stryker in relation to a defective hip?
Yes. A claim usually considered to be a private dispute administered by the manufacturer or their agent between the individual and the company involved. Auto insurance companies to dispose of relatively straightforward minor-injuries sustained in a car accident may use a ‘claims handling’ process. There are no formal rules or processes involved in claims handling process.
On the other hand, a lawsuit is a formal legal proceeding filed in a court that has jurisdiction to administer a dispute handling process and/or trial. Unlike a ‘claim’ related to a dispute, the initiation of a lawsuit is governed by specific rules, which specify how information is to be disclosed. Perhaps most importantly, the filing of a lawsuit protects the statute of limitations (time requirement for commencing an action) related to the case.
What type of design flaws are believed to cause problems in patients with a Stryker ABG II Modular Hip?
Unlike the popularized DePuy ASR hip replacement products that have been widely criticized in relation to an all-metal design (metal for the ball and socket), the Stryker Rejuvenate and ABG II is made of plastics, ceramics and metal to mimic the natural hip movement. However, the ABG II neck-stem joint still uses metal-on-metal parts to secure the hip in place.
Most problems with the Stryker ABG II Modular Hip System are believed to derive from the metal-on-metal connection which has been associated with a series of problems including:
- Heavy metal poisoning
- Pseudo tumors
- Repeated dislocations
- Revisionary sugery
How do I know if I have a recalled metal-on-metal hip implant?
In the United States, most medical device companies do not keep a formal record as to who are recipients of their products. Since the initiation of the recall, many orthopedic surgeons (who do keep an inventory of their patients) have sent letters to their patients who have devices implicated by the Stryker Rejuvenate Modular Hip System or the Stryker ABG II Modular-Neck Hip Stem recall.
However, even if you did not receive a notification from your physician or medical center where the surgery was performed—you may still have a device implicated by the recall. If you are unsure of the type of hip prosthesis that you have, you can contact the Stryker hip defect attorneys as Rosenfeld Injury Lawyers to help determine if you are implicated by the recall.
I don’t have any symptoms related to a defective hip; do I have any legal rights for damages?
Even if you do not have complaints commonly associated with either the Stryker Rejuvenate Modular Hip System or the Stryker ABG II Modular-Neck Hip Stem, you may still be entitled to legal damages from the manufacturer based upon the chance that you may incur these complications or even for medical monitoring over the life of your artificial hip.
Due to applicable statute of limitations related to all tort law cases, it is important that claims for symptomatic and asymptomatic patients be initiated as soon as feasible avoid any situation where such a case could be rejected by a court based upon the untimely filing.
What are the dangers with the recalled Stryker hip implants?
Stryker has acknowledged that some people who receive this device have to have the device removed and replaced with another device before they would have otherwise needed a revision surgery. People have reported various problems with the Stryker Rejuvenate Modular Hip System and the Stryker ABG II Modular-Neck Hip Stem, including:
- Clicking or ‘squeaky’ noises
- Swelling around the hip
- Difficulty climbing stairs
- Difficulty with hip flexion
I was asked to start a ‘claim’ with Stryker; do I need to do so?
No. Establishing a claim with Stryker (or any metal-on-metal hip manufacturer including DePuy) is not required by law in order to recovery monetary damages. The claims handling process is usually very much skewed in favor of the company simply due to the fact that the manufacturer is entitled to set up the terms of the process.
In some cases, individuals have established claims with Stryker under the premise that the company would pay for some of their medical expenses. While this may appear to be a short-term help to the individual, most medical payments are offset from the compensation that a person would normally be entitled to. Put another way, most people are more likely to receive far more money for their injuries through a formal litigation process than through an informal claims evaluation system.
What type of compensation can I expect from a Stryker hip lawsuit?
The value of each Stryker case is very much dependent upon the circumstance of the individual and their specific injuries. Nonetheless, a person who has suffered injuries due to a defective medical device may receive compensation for:
- Past and future medical expenses
- Surgical fees
- Wage loss
- Medical monitoring of condition
- Physical therapy
- Home modifications
- Skilled nursing care
The Stryker hip recall attorneys at Rosenfeld Injury Lawyers have been actively involved in all phases of metal-on-metal hip litigation. We are committed to successfully representing people who have been negatively impacted by these devices. We have the experience, resources and commitment to provide you with the best legal service available.
During a revision surgery, I suffered a fractured femur during when the doctors were removing the prosthesis. Can this incident be incorporated into a lawsuit against Stryker?
Unfortunately, a hip surgery revision accompanies several risks—including damage when doctors remove the old prosthetic. When doctors damage or fracture a bone during the hip removal process, the additional damage may require additional medical care or a longer recovery. Studies have shown that a sizable percentage of Stryker patients who require a revision surgery incur a fracture of the femur during the removal process.
While these events are painful and disheartening for the patient, they can generally be added to a patient claim or lawsuit for damages from the medical device manufacturer.
Most jurisdictions have a strong line of case-law that considers subsequent medical care to be attributable to the original cause of action. Consequently, any complications encountered during a revision surgery or recovery may be pursued under the original basis for the lawsuit. In the rare circumstance, where a patient dies during a revisionary surgical procedure, his or her family could similarly pursue a lawsuit for wrongful death damages based upon the original claim.
Considering that these damages for complications related to a revision can only be pursued while a claim is open, it is imperative for patients considering a revisionary or corrective procedure give serious consideration to during so prior to the resolution of their care. Once a matter is settled, there is no way to attach a claim for subsequent damages.
I was asked to sign a ‘release’ by the company, is this ok to do?
Before you execute any legal document, it is important to thoroughly understand what you are signing and the legal implications. Some people have been given a ‘release’ to provide their hip manufacturer with medical records or for payment to resolve their case.
In either respect, it important for the individual to consult with an attorney who can review the document before it is executed. The Stryker hip recall attorneys at Rosenfeld Injury Lawyers are honored to review all releases and other documents without cost or obligation on your part.
I was told I need a revision surgery to remove a defective hip, what should I do?
Some patients with Stryker, DePuy and other metal hip devices now require a surgery to remove the defective device and install a new one. The procedure is referred to as a revision surgery.
Before you schedule a revisionary hip surgery, you may wish to consult with a hip recall attorney who can make arrangements to have the removed device stored and protected for future use in a lawsuit. Without preserving a defective hip device, there is no protocol in place to protect the hip and consequently a valuable piece of evidence could be lost.
I’m unsure if I require a revision surgery, what should I do?
If you are a recipient of a recalled Stryker hip product, you may wish to set an appointment with your orthopedic surgeon to determine what— if any medical intervention is necessary. In some cases, a revision hip procedure is not imminent, but may be something to consider in the future.
Why should I choose Rosenfeld Injury Lawyers to represent me for my Stryker hip defect case?
By the time that you have reached our site, you have likely visited many other attorney websites where lawyers hold out their expertise in the fields of hip defect litigation. Some of these are excellent attorneys– frankly, others have no more experience litigating medical device cases that handling an automobile accident. Experience plays a significant role in the outcome of most significant disability cases arising from defective medical devices. Our firm is one of a select group of law firms who is truly committed to seeing these cases resolved in the most favorable manner possible.
Our team has invested considerable resources into Stryker and DePuy cases already. We have consulted with some of the most respected physicians, surgeons, engineers, rehabilitation medicine experts, economists and life care planners all with the goal of presenting the most favorable case possible for you. If you are ready to speak with a team of professionals who will treat you with honestly and respect, contact our team now.
Attorneys at Rosenfeld Injury Lawyers have experience representing hip defect patients in a variety of circumstances and will take the necessary steps to provide for both your immediate and future care needs.