Stryker Rejuvenate Hip Settlements
UPDATE November 2014: A large Stryker Rejuvenate settlement has been announced that may resolve many lawsuits filed by individuals who have already required revision surgery. However, as additional implants continue to fail in the future, the lawyers at Saiontz & Kirk, P.A. are continuing to pursue cases for individuals nationwide.
As individuals throughout the country continue to experience complications with Stryker Rejuvenate hip replacements and a growing number of product liability lawsuits are being filed over the recalled modular hip systems, Stryker is beginning to settle cases. However, negotiating Stryker Rejuvenate hip settlements is going to be a lengthy and complex process.
As part of a court ordered mediation program, Stryker has agreed to settle a handful of lawsuits early in the litigation process. While negotiations are continuing on a case-by-case basis, there is still plenty of time for individuals who received a Stryker Rejuvenate or ABG II hip replacement to pursue a case.
The hip replacement lawyers at Saiontz & Kirk, P.A. are continuing to review potential lawsuits for individuals who may be eligible to pursue a settlement for Stryker Rejuvenate or ABG II modular hip systems. Free consultations and claim evaluations are provided to help individuals throughout the United States determine whether they may be entitled to financial compensation.
Stryker Hip Complications
In July 2012, the Stryker Rejuvenate and ABG II modular femoral neck-stems were recalled from the market amid reports that they were prone to fretting, corrosion and failure within a few years of being implanted. While hip replacements are typically expected to last 15 to 20 years, the recall was issued less than two years after the design was introduced.
Find Out Whether You or a Loved One May Be Eligible to Receive a Stryker Hip Settlement
Unlike traditional artificial hip systems, which feature a single femoral component, the Stryker Rejuvenate hip contains a modular neck stem, which consists of a metal neck that sits inside of a metal stem.
While Stryker promoted this as a superior design, allowing surgeons to customize the length of the implant, it has been confirmed that the hip may loosen and fail within a few years, requiring risky revision surgery to remove and replace the hip implant.
More than 1,500 product liability lawsuits have already been filed against Stryker in courts throughout the country. However, an estimated 20,000 of the defective and dangerous Rejuvenate/ABG II hip implants were sold before the recall.
Thousands of additional claims are expected to be brought in the future as individuals continue to experience Stryker Rejuvenate hip complications.
As part of the coordinated pretrial proceedings, New Jersey Superior Court Judge Brian Martinotti established a mediation program to see if cases may be settled early in the litigation process. At least nine cases settled during the first phase of mediation, and a second phase is now underway.
Factors Considered in Settling Stryker Rejuvenate Hip Lawsuits
Any negotiations to settle Stryker Rejuvenate lawsuits are based on what a jury is likely to award in each individual case.
At the same time court ordered mediation is continuing in New Jersey state court, a small group of cases are being prepared for early trial dates, which may begin as early as June 2015. Known as “bellwether” cases, these early trial dates are designed to help gauge how juries are likely to respond to certain evidence and testimony that may be offered throughout a number of cases.
The same factors a jury may consider in determine damages to award following a Stryker Rejuvenate trial are considered during settlement negotiations, including:
- The nature and extent of any injury caused by the Stryker hip implant;
- The effect these hip complications had on the overall physical and mental health or well-being of the plaintiff;
- The pain and mental anguish suffered in the past and which will likely to be suffered in the future;
- The amount of any past and future medical expenses incurred following the Stryker Rejuvenate surgery;
- Any lost wages or loss of earning capacity;
As the pretrial negotiations to resolve cases continues, if Stryker refuses to make fair Rejuvenate settlement offers, the hip maker could face hundreds of individual trials throughout the country.
While these reports of early settlements during the first phase of mediation are encouraging, the litigation is likely a long way from over.
All cases handled by the lawyers at Saiontz & Kirk, P.A. are pursued under a contingency fee agreement, which means that there are no out-of-pocket expenses to hire our law firm. Attorney fees and reimbursement of expenses are only received out of any settlement or judgment obtained in your case.
To review a potential claim for yourself, a friend or family member, request a free consultation and claim evaluation.