Stryker FAQ | Stryker Hip Implant Lawsuit Questions
If you are considering filing a Stryker hip implant lawsuit and you would like to learn more about the potential injuries, compensation and allegations pertaining to the ABG II and Rejuvenate implants, please refer to the frequently asked questions below. Should you need clarification or additional information, contact the American Injury Attorney Group today.
1. Have any Stryker hip implants been recalled?
Yes. Stryker voluntarily recalled the Rejuvenate and ABG II modular-neck hip stems on July 6, 2012, prompting patients across the country to seek legal counsel if they suffered from complications. Before the recall was initiated, more than 20,000 units were implanted into patients across the country since the approval of the implants by the U.S. Food and Drug Administration in June 2008.
2. Is a lawyer necessary to file a Stryker hip implant lawsuit?
Although some patients may feel as though they are comfortable pursuing their own claims against the manufacturer, you may wish to retain an attorney in order to help you fully understand your legal rights and pursue the appropriate compensation for your situation. Contact the American Injury Attorney Group to receive your free, no-obligation consultation to determine whether you have a valid claim.
3. What are the most common allegations from those experiencing complications?
Unlike other implants made completely out of metal, the ABG II and Rejuvenate systems feature a combination of ceramic, metal and plastic components designed to imitate the natural movement of the hip. Patients filing a Stryker hip implant lawsuit, however, claim that the metal parts of these devices have the potential to rub against one another, causing metal toxicity, pain, dislocations, revision procedures and early failure of the device.
4. If I don’t have health insurance and I am experiencing complications, can I still file a Stryker hip implant lawsuit?
Yes. You may be experiencing pain or require revision procedures due to the implant, which more than likely result in additional medical expenses, treatments, rehabilitations and a loss of income while you recover. Seeking compensation, regardless of your health insurance status, can help you to recoup the money necessary to recover these unanticipated costs, so contact an attorney as soon as possible.
5. When is the best time to file a Stryker hip implant lawsuit?
Each state has its own statute of limitations, or the time in which a potential plaintiff must file a lawsuit in order to be eligible to seek compensation. When you meet with one of our affiliated attorneys, he or she will determine the timeframe in which you must file a lawsuit to avoid being barred from seeking compensation. In some states, the clock begins on the date the injury occurred while in others, time starts on the date in which the connection between the injury and cause is known. Each case is different, which is why it is important to speak to an attorney regarding your specific situation.
6. I am not sure if I received a recalled implant. What can I do?
Your surgeon or hospital should have detailed this information prior to your procedure, and should have the information on file in your medical records. After hearing of the recall in 2012, many physicians issued letters to patients informing them if they were fitted with the ABG II or Rejuvenate systems. However, if you did not receive a letter, you can still check with your doctor to determine which hip replacement you were fitted with. An experienced Stryker recall attorney can assist you with this, so contact an attorney today even if you think you might have a Stryker ABG II or Rejuvenate hip replacement.
7. Why are patients filing a Stryker hip implant lawsuit against the manufacturer?
According to court documents, plaintiffs allege that the ABG II and Rejuvenate hip implants caused metal poisoning, pain, inflammation, infection, swelling and were more likely to fail sooner than expected which often resulted in revision or correctional surgeries. Additionally, plaintiffs claim that the manufacturer defectively designed the devices and neglected to warn the medical and public communities of the possible side effects and risks of severe complications associated with the implants.
8. If I am not experiencing pain, can I still file a Stryker hip implant lawsuit?
Yes. Many patients mistakenly believe that, unless they are physically suffering, they are not entitled to recover damages despite being fitted with a recalled product. However, even if you are not yet experiencing pain or obvious symptoms of complications, you may still be eligible to seek compensation based upon the chance that you may eventually suffer in the following months or years. This is something that can be discussed with your doctor and later discussed with an attorney if you seek legal counsel.
9. What forms of compensation are available to me?
Although each case is different, you may be entitled to recover damages for medical expenses, lost wages or loss of earning capacity, permanent disability, suffering and pain. Additionally, if you feel as though the implant caused the death of a loved one, you may be eligible to pursue a wrongful death claim and seek compensation for funeral or burial expenses, loss of companionship and lost wages if you relied on the decedent to support you and your family.
10. Will I be naming my doctor as a defendant in my Stryker hip implant lawsuit?
Probably not. Your Stryker hip implant lawsuit will most likely focus on defects with the hip replacement itself and not on any actions of your surgeon. Accordingly, you will more than likely name the implant’s manufacturer, Stryker, as a defendant as it is the company’s product which allegedly caused your injury, pain and suffering. Every case is different, and you should consult with an attorney regarding any claims you have against your doctor, but the American Injury Attorney Group is limiting its focus in these claims to Stryker as the manufacturer of the ABG II or Rejuvenate hip replacement systems.