- Issue: Recalled Rejuvenate and ABG II hip implants
Lieff Cabraser represents hip replacement patients across America in Stryker lawsuits to obtain just compensation for their pain, suffering, lost wages, and other losses from the failure of their Stryker hip implants. Our law firm has been recognized by U.S. News, Best Lawyers, and the National Law Journal as one of the top plaintiffs' law firms in the nation. Please contact us by completing the contact form below or calling us toll-free at 1 800-541-7358.
A March 2014 limited patient population study of the DePuy Rejuvenate implant found a revision rate of 28% and an extrapolated 4-year failure rate of 40%. This is extremely high; the background failure rate for non-defective hip implants is at most 1% per year. Meftah, et al., "Early Corrosion-Related Failure of the Rejuvenate Modular Total Hip Replacement," Journal of Bone & Joint Surgery, March 19, 2014.
Stryker began selling the Rejuvenate hip system in 2009 and the ABG II hip system in 2010. Two years later, Stryker recalled these hip implants. Stryker did not conduct any clinical testing on the safety and effectiveness of the Rejuvenate and ABG II hip systems before selling the devices.
On November 3, 2014, the parties announced a settlement of the litigation valued at over $1 billion.
Under the settlement, Stryker will provide a base payment of $300,000 to patients that received the Rejuvenate or ABG II hip systems and underwent revision surgery by November 3, 2014, to remove and replace the devices.
The base award may be adjusted upward depending on certain factors. For example, payments will be increased for extraordinary medical injuries, such as multiple surgeries (re-revisions) or infections and other medical complications suffered as a result of revision surgery.
The deadline for eligible patients to submit their claim for payment under the settlement is March 2, 2015. The first payments under the settlement program are expected to begin in the Summer of 2015 with enhanced payments being projected for disbursement at the end of 2015 and early 2016.
Importantly, the Stryker settlement is not for a fixed sum. In other words, Stryker's ultimate liability is not capped. It is expected that total amount of payments under the settlement will far exceed $1 billion dollars.
Recall of Stryker Rejuvenate and ABG II Modular-Neck Hip Implant Systems
Stryker marketed the Rejuvenate and ABG II systems as being the "next generation" and "latest evolution" in their hip replacement product lines. Most artificial hip implants consist of a one-piece neck and stem, and a cup. Stryker's Rejuvenate and ABG II systems included multiple neck and stem components that the surgeon could choose from.
The ABG II system had eight right stems, eight left stems, and ten modular necks, which were supposed to offer greater stability and minimal bone stress. The Rejuvenate hip, with six stems and sixteen necks, was marketed to younger patients who were promised longer-lasting devices that offered a better range of motion.
Physicians and health regulators have focused substantial attention on the dangers to patients from the release of tiny metallic particles by, and the widespread failures of, all-metal (also called metal-on-metal) hip implants. Stryker's Rejuvenate and ABG II modular-neck hip stem systems are not considered metal-on-metal devices, since they do not have a metal ball that rubs against a metal socket. However, because the Stryker Rejuvenate and ABG II necks are made of chromium and cobalt, and the stems are coated with titanium, they do have a metal-on-metal junction and can release metallic debris into nearby tissue and the blood stream.
In April 2012, Stryker issued an "Urgent Safety Alert" to surgeons for the two hip replacement systems. The alert listed "excessive metal debris and/or ion generation" as one of the safety risks to patients. According to Stryker's Safety Alert, the following problems can result:
- Metallosis (release of metal ions into the tissue and blood stream);
- Necrosis (premature tissue death);
- Osteolysis (bone dissolution); and,
- Pain and loosening of the hip implant requiring revision surgery.
Stryker Hip Recall Lawsuits
In lawsuits filed against Stryker, patients with faulty hip implants charge that the Rejuvenate and ABG II devices are defective because the modular neck is prone to fretting, degradation, and fracture. Further, the lawsuits allege that Stryker knew or should have known that the Rejuvenate and AGB II hip systems were not safe for the patients, yet continued to market and sell the products. The lawsuits by the Stryker hip patients seek compensation for pain and suffering, medical expenses including the cost of replacement surgery, and lost past and future wages.
Important Notice for Stryker Hip Recall Patients Not Covered Under Settlement
Patients with a Stryker Rejuvenate or ABG II hip systems that fail and require revision surgery after November 3, 2014, are not eligible for this phase of the settlement and retain their rights to pursue claims for compensation against Stryker. If you fall within this category, please contact an experienced Stryker hip injury attorney at Lieff Cabraser.
Contact Lieff+ Cabraser
If you or a family member have experienced problems with a Stryker Rejuvenate Modular Primary Hip System and the AGB II Modular Hip System replacement implants, or have been told your implant should be replaced, please use the form below to contact an experienced Lieff Cabraser personal injury lawyer. Or you may call us toll-free at 1 800-541-7358 and ask to speak to attorney Lexi J. Hazam.
We welcome the opportunity to review your claim. We will respond promptly and there is no charge or obligation on your part for our evaluation of your case.
The Rejuvenate Modular Primary Hip System and the AGB II Modular Hip System are trademarks of Stryker Corporation. These trademarks are used for informational and product identification purposes only. Lieff Cabraser is not affiliated with Stryker, and nothing on this website is authorized or approved by Stryker Corporation.
By Wendy Fleishman.