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Shezad Malik MD JD
Shezad Malik MD JD
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Federal Stryker Rejuvenate Hip Lawsuits Progressing

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In June 2013, the U.S. Judicial Panel on Multidistrict Litigation (JPML) granted federal coordinated proceedings for defective hip product liability lawsuits filed over Stryker Rejuvenate and Stryker ABG II hip implants.

These Stryker hips have a modular femoral component that allows the adjustment of the stem length based on each patient’s leg dimensions. Unfortunately, the unique design is associated with an increased risk of catastrophic failure within a few years, resulting in the need for revision surgery.

Over 500 Federal Stryker Lawsuits Filed

There are 512 Stryker Rejuvenate hip cases filed in the federal MDL, or Multidistrict Litigation, which have been centralized before U.S. District Judge Frank in the District of Minnesota. The coordinated management of the lawsuits is designed to fastrack the litigation process.

Stryker Rejuvenate Hip Recall 2012

The Stryker Rejuvenate hip recall was issued in July 2012, and it is reported that 20,000 defective implants were sold by Stryker. Recently Judge Frank approved the use of a Master Complaint and Short Form Complaint to standardize the process of filing additional lawsuits against Stryker directly into the federal MDL.

Stryker Rejuvenate Hip Settlements

Stryker is continuing with the ongoing mediation settlements to resolve existing cases. About 642 lawsuits have been filed against the Stryker’s parent company, Howmedica in New Jersey state court, where it is based. The New Jersey cases have been centralized before Judge Martinotti for coordinated pretrial proceedings as part of an MCL, or multi-county litigation, and court-ordered mediation is underway there as well.

In the first round of mediations, Stryker hip settlements were reached in four cases. Negotiations are continuing in other cases, in an attempt to resolve the lawsuits. According to experts, the total cost of the Stryker Rejuvenate and ABG II claims will exceed $1 billion.

If an agreement is not reached to resolve a large portion of the cases, it is expected that a small group of lawsuits will be selected for early trial dates, known as “bellwether” cases.

According the court order in the federal MDL Master Complaint, any cases chosen for bellwether trial will be required to file an Amended Complaint that identifies the actual claims that will be raised at trial, as well as setting forth specific allegations that conform with the applicable state law at issue in that plaintiff’s case.