Stryker Hip Plaintiffs Request Centralization in New Jersey
Manufactured and sold by Stryker Orthopaedics, the Rejuvenate modular-neck hip stem was approved by the FDA on June 3, 2008. The ABG II was approved in November of 2009. However, in July of 2012, Stryker implemented a recall of of the devices because of reports indicating corrosion of the device and recipients suffering from metal poisoning after a receiving the hip implant.
These devices contain a ceramic component and are not equipped with a metal ball and metal socket—these two aspects have a tendency to wear against one another. But the devices have two metal components that do wear against each other and have the propensity to shed tiny metal shards of chromium and cobalt into tissue surrounding the area. This can cause premature loosening of the implant, bone loss, tissue inflammation, and even death.
Stryker accused of failing to adequately test
Stryker is accused of not appropriately testing the components before they were placed on the market and did not think metal poisoning would be an issue. The FDA has received over 60 adverse reports in connection to the Rejuvenate and ABG II devices.
The reports of corrosion and fretting at the modular-neck junction of the devices raised the risk of the devices failing prematurely and spurred the recall. Many affected people have chosen to file a Stryker hip implant lawsuit seeking compensation for injuries suffered due to the defective implants.
Plaintiffs who have filed cases alleging problems with the devices state that they suffered pain and side effects that made revision surgery necessary. Attorneys representing these plaintiffs will likely point out the failure to adequately test the devices on the part of the manufacturer and didn’t warn of the potential problems that eventually resulted.
Stryker hip lawyers file for centralization
An application was presented to the New Jersey Supreme Court on October 18, 2012, asking that the lawsuits against Stryker filed in New Jersey state court be centralized to a single court for coordinated proceedings. This was submitted on behalf of 10 plaintiffs who had filed their cases in Bergen County, New Jersey. All complaints center around the Rejuvenate and ABG II modular hips stems and all suffered from pain and underwent revision surgery to replace the devices.
The plaintiffs seeking judgment or Stryker lawsuit settlements request a Multi-County Litigation. This was once referred to as a mass tort. It is believed that many more cases will be filed in the state in the future.
Coordination is requested because all plaintiffs have suffered from similar problems due to the Stryker devices.
In addition, the plaintiffs have requested that the case be centralized in Bergen County because Bergen County is in a reasonable location for the defendant and their representative in New Jersey and that the majority of the cases are pending were filed there.
The concept behind centralization is to streamline the process and prevent antagonistic rulings, make more efficient use of judicial resources, and save time and money for the plaintiffs and defendants.
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