Stryker Lawsuit Timeline Through January 2014
Stryker, manufacturer of the Rejuvenate and ABG II modular-neck hip stems, is currently facing hundreds of Stryker lawsuits from plaintiffs whom have allegedly suffered from complications and injuries due to the allegedly defective implants. According to reports, the two systems received U.S. Food and Drug Administration (FDA) approval simply based on their similarity to other hip implant devices and were not evaluated through their own clinical trials.
The American Injury Attorney Group is providing an overall, at-a-glance view of the Stryker lawsuit timeline for families who believe they may have sustained injuries and for those who would like to learn more about the recall and the complications allegedly caused by the hip replacement devices.
Stryker Lawsuit Timeline
June 3, 2008: The Stryker Rejuvenate modular-neck stem receives approval from the FDA. According to the manufacturer, the Rejuvenate system is designed to recreate the biomechanics and anatomy of individual patients. Stryker claims that the Rejuvenate stem provides proven modularity, enhanced stability and intraoperative flexibility.
February 2009: Stryker begins to market its Rejuvenate hip stem.
November 4, 2009: The Stryker ABG II modular-neck stem receives approval from the FDA. The manufacturer markets the ABG II and Rejuvenate devices as a new generation of stems. Stryker touts the devices as “high performance” in terms of improved fatigue strength and corrosion resistance and targets a younger demographic.
February 2010: Stryker issues an “Urgent Field Safety Notice” to physicians and reiterates the technique for proper implantation. Stryker also identifies a less than one percent failure rate due to metallosis between the stem morse taper junction and the neck of the implants. Stryker allegedly fails to notify consumers of any complications.
April 2012: Stryker issues a second “Urgent Field Safety Notice” to hospitals and surgeons in the U.S. for its Rejuvenate and ABG II hip replacement systems. The alert lists the potential dangers of these implants, including excessive metal debris that may accumulate in the bloodstream caused by corrosion or fretting at or around the modular neck junction.
May 2012: Stryker publishes a report stating mechanical issues with the modular-neck hip stems stating that the units have the potential to cause metal toxicity and complications similar to those reported by several patients fitted with metal-on-metal implants.
May 28, 2012: The Canadian equivalent of the FDA issues a recall for the Stryker Rejuvenate hip implant.
July 6, 2012: Stryker issues a voluntary recall of both its ABG II and Rejuvenate modular-neck hip implants to remove the devices from the U.S. market but declines to state the failure rate of the units. The manufacturer also ceases global sales and production of the implants. At this time, the FDA has allegedly received over 45 adverse event reports from patients claiming that they have suffered from metal toxicity and required revision surgery to remove the allegedly defective devices.
August 2012: Stryker urges the medical community to send letters to patients to notify consumers of the recalls. The company also encourages patients to contact Stryker with questions or concerns pertaining to the recall.
January 2013: Stryker recommends that all recipients of its ABG II and Rejuvenate implants see a physician. Stryker announces that the recall of its two implants will cost between $190 million and $390 million for patient treatment and testing, insurance payments, lawsuits and new surgeries.
January 15, 2013: Decision is made to consolidate ABG II and Rejuvenate claims into a multicounty litigation in Bergen County Superior Court.
January 25, 2013: Stryker lawsuit claim filed to seek class action status in the U.S. District Court, Southern District of Florida. All Stryker lawsuits pertaining to the Rejuvenate Modular Hip System are consolidated as a multicounty litigation in Bergen County Superior Court, New Jersey.
February 2013: Motion filed to consolidate all Stryker lawsuits pertaining to the ABG II and Rejuvenate hip replacement systems. New Jersey Superior Court holds a case management conference for the ABG II and Rejuvenate recall lawsuits.
March 2013: Stryker cited for marketing Neptune Waste Management System without a 510(k) clearance and for failing to inform the FDA of a product recall.
April 2013: Defendants consent to the use of short and long form complaints submitted by attorneys for the plaintiffs. Judge Brian R. Martinotti recommends that claims consolidated in New Jersey in January must go through mediation.
May 2013: Judge Brian R. Martinotti orders plaintiffs and defendants to choose five lawsuits for mediation. Case management conference in the Stryker litigation scheduled. Oral arguments scheduled to begin for the Stryker lawsuits petitioned in the U.S. Judicial Panel on Multidistrict Litigation (JPML) to establish a consolidated proceeding.
June 2013: 300 Stryker claims are consolidated in federal court in Minnesota.
July 2013: Second-quarter profits for Stryker fall 34 percent. Deadline extended for plaintiffs’ complaints. Case management order in New Jersey Superior Court addresses the methods for discovery and the selection of Stryker lawsuits for mediation.
August 3, 2013: Order issued to protect trade secrets, such as the design of the hip implant.
September 9, 2013: Status conference includes the creation of foundations for the consolidation of 200 cases, including the selection of a leadership structure and plaintiffs’ counsel.
October 2013: Stryker estimates the cost of litigation for its Rejuvenate and ABG II hip devices will range between $700 million and $1.1 billion. FDA announces an identification system for medical devices to improve the quality of information in adverse event reports. Leadership structure for plaintiffs’ counsel is ordered.
November 2013: Stryker hip lawsuit claims top 400 in a federal consolidation in Minnesota, an increase of 50 claims from October. 600 Stryker claims in New Jersey Superior Court proceeding as scheduled in front of Judge Brian R. Martinotti.
December 2013: Court documents indicate 500 Stryker lawsuits pending in a New Jersey multicounty litigation and 400 Stryker lawsuits pending in a multidistrict litigation in the U.S. District Court in Minnesota.
December 16, 2013: Stryker decides to settle four claims in New Jersey state court.
December 16, 2013: Judicial order plans to send 10 Stryker claims to mediation. By January 10, 2014, parties must submit 42 cases for consideration for a second round of mediations. Of these, 10 will be chosen.
January 2014: Stryker has until January 31 to produce a fact sheet related to documents already submitted by plaintiffs in the New Jersey state consolidation.
If you or a loved one sustained injuries or experienced life-threatening complications after you received a Stryker Rejuvenate or ABG II modular-neck hip stem, contact the American Injury Attorney Group to receive a no-obligation consultation at no cost to you. We will answer your questions to the best of our ability and help you to determine if you have a valid Stryker lawsuit. Should we feel you are entitled to recover damages for your condition, we will connect you with an affiliated attorney who will handle your Stryker lawsuit and will represent your interests throughout the legal process.