Stryker and Plaintiffs Agree to $1 Billion All-Metal Hip Implant Settlement
In 2012, Stryker Corp. issued a massive product recall for their all-metal hip implants, especially models Rejuvenate and ABG II. Along with the product recall, Stryker warned surgeons to immediately stop using the all-metal hip devices because they could cause pain, swelling of surrounding tissue, damage to surrounding tissue, and metal shavings could enter the blood stream, causing liver damage and metallosis.
Now, after a year of settlement negotiations, Stryker and personal injury plaintiffs in the multidistrict litigation (MDL) have agreed to a $1.4 billion settlement, which amounts to around $300,000 per plaintiff in the MDL. There are more than 4,000 personal injury lawsuits against Stryker consolidated into a New Jersey state court, and a federal court in Minnesota.
Unlike DePuy Orthopedics, which is a subsidiary of Johnson & Johnson that manufactures competing all-metal hip implants like the ASR and Pinnacle models currently involved in litigation, Stryker offered settlements to plaintiffs before any bellwether personal injury trials went to court.
“Sounds like they might have been afraid of facing even bigger liability if they didn’t settle them now,” remarked Carl Tobias, a professor of product-liability law at the University of Virginia.
“This settlement program provides patients compensation in a fair, timely and efficient manner,” Bill Huffnagle, a spokesman for Kalamazoo, Michigan-based Stryker, said in an e-mailed statement.
Some plaintiffs in the MDL may qualify for more than $300,000 – for example, a plaintiff with ongoing medical issues such as treatment for liver damage, or extraordinary injuries related to the all-metal hip device’s removal.
Claimants will begin receiving their awards in 2015.
In January this year, Stryker and plaintiffs’ attorneys came together to create a bellwether mediation group, rather than go to trial over the personal injury charges. Stryker settled four of the six bellwether cases for an undisclosed amount at that time. Mediation continued until the final settlement amount of over $1 billion was agreed upon.
“While all revision [surgeries] involve significant damages, since it is such an invasive procedure with a lengthy recuperation, the clients whose cases resolved had good outcomes and were back to work or their daily activities. Some of our clients have had much more significant injuries, and until we see that the most serious cases are able to settle can we project the possibility for a more widespread resolution,” Ellen Relkin, head of the plaintiffs steering committee, said. “That being said, these early resolutions are promising.”
The Strom Law Firm Can Help with Stryker Personal Injury Cases
The following Stryker Hip Replacement Devices and other products may have manufacturing defects according to the FDA.
- Trident PSL Acetabular Shells
- ReUnion Plasma Spray Humeral Stem
- Solar Plasma Purefix HA Shoulder Stems
- Duracon Toatal Knee Modular Femoral Component
- Global Modular Hip Stems
- Trident PSL HA Solid Black 52 MM
- Trident Hemispherical Cluster 50 MM
- Hip Implant components with ceramic bearing components
The defective product lawyers at The Strom Law Firm, LLC are at the forefront of the fight to protect the public and will stand up for your rights against the big drug and insurance companies. We will fight to ensure that you and your loved ones receive the justice you deserve. Contact our defective drug and wrongful death attorneys at the Strom Law Firm, LLC today for a free consultation to discuss the facts of your Stryker personal injury case as well as your legal rights. 803.252.4800
