Defective Hip Replacements

Stryker Hip Recall Information

On July 6, 2012, Stryker, a large manufacturer of artificial hip joints, voluntarily recalled its Rejuvenate Modular Hip System and its ABG II Modular-Neck Hip Stem.  These defective medical devices have been used in hip replacement surgeries since approximately June 2008.

If you or a loved one has had either the Rejuvenate Modular Hip System or the ABG II Modular-Neck Hip Stem implant, you probably have many questions.  Gatti, Gatti, Maier, Sayer, Thayer, Smith will help you understand the potential issues with which you may be faced.

Please do not hesitate to contact our office to discuss these very serious concerns.

Please feel free to contact RYAN JENNINGS and CHRISTOPHER BEST at (503) 363-3443 or (800)289-3443 for a free consultation.

The following may help answer some of your questions:

Q: What is wrong with the Stryker artificial hip devices?

Stryker hip replacement devices can sustain a rapid degeneration of material from which the device is made, causing it to corrode and fail far sooner than expected.  Additionally, as the device wears at an abnormally accelerated rate, it can cause severe inflamation and scar tissue, which in turn can cause severe, debilitating pain.  The accelerated wear of the device can also result in dangerous heavy metals getting released into the blood stream which can cause blood poisoning.  Some patients suffer from an array of other problems, such as frequent dislocation, an immoveable hip joint, leg length problems, compensating pain, nerve pinching, psuedo tumors, ALTR (adverse local tissue reactions), and lower back problems.

Q: What are my options?

As a result of Stryker bringing a defective device to the medical marketplace, it is our position that Stryker is responsible for all of the treatment and care necessary to correct any and all problems from which a patient may suffer.  This includes physical therapy, injection therapy, corrective surgery, and home and assisted care.

Q: When do I have to bring a claim?

Every case must be filed timely, within the applicable statute of limitations.  For example, In Oregon, a person receiving a defective artificial hip must bring a claim within two years from the date he or she could have discovered that the artificial hip was defective.  In other words, it does not necessarily matter when a person actually discovers that a hip replacement device is defective, but, whether a claim is brought timely will depend on when the person should have known.  For that reason, a person is wise to seek legal counsel as soon as possible.

Q: I am not having any symptoms yet, will I need legal help?

First, simply because you are not currently experiencing problems now does not mean you won’t later.  If you wait to seek legal advice until you have symptoms it may be too late. Further, as time has progressed since the initial recall, it has become evident that a much higher percentage of the Stryker hip replacement devices are failing than ever anticipated.

Q: How much does it cost to hire a lawyer to help me?

All of our cases are handled on a contingency fee basis – if we do not obtain a recovery for you, then there are no attorneys fees.  In addition, we advance all of the costs necessary to bring your claim.

Our Stryker attorneys invite a phone call to discuss questions or concerns you have at no charge.  Please contact us for a free consultation, even if you simply want to ask us some questions and are unsure if you want to hire a lawyer.

Q: Do I need to make a claim directly with Stryker?

No.  Making a claim directly to Stryker is not required by law.  Further, the claims process set up by Styker and its claims handling organization are substantially skewed in favor of the company.  Stryker set up the process and the terms you will have to live by if you make a claim directly.

Q: What may be recoverable from Stryker?

  • Past and future medical expenses
  • Corrective surgery costs
  • Skilled nursing or assisted living care
  • Medical devices
  • Rehabilitation and physical therapy
  • Disability payment
  • Wage loss
  • Compensation for pain, inconvenience, and suffering

Q: My doctor says I need a revision surgery, what is the best route?

Many individuals with defective hips are advised by their doctors to have a revision surgery to remove the defective device, and have a new device inserted.  The decision to have the surgery will be a decision to discuss with your doctor.  However, attempt to make arrangements to keep your defective hip.  Currently, doctors and hospitals do not have a procedure to maintain the removed device, and a crucial piece of evidence in your case may be lost forever.

Q: What if I suffer more pain, or more injuries, due to hip revision surgery?

There are many risks with having a hip revision surgery to fix a defective hip replacement.  For example, there is a chance that the patient may suffer a fracture to the femur during surgery.  If such complications or other injuries arise, case-law suggests that your are entitled to any and all damages you suffer as a result of the revision surgery, provided such damages were a foreseeable risk of the surgery.  Said another way, it is our firm position that a person who suffers additional problems after having revision surgery is entitled to compensation for all other medical bills, treatment, and pain he or she may experience.

Please feel free to contact Ryan Jennings or Christopher Best at (503) 363-3443 or (800)289-3443.

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