5th Stryker Rejuvenate Settlement Reached

Another Stryker Rejuvenate settlement has been reached in front of the bellwether trials slated to begin later this year. While the details of the agreement were not made public, it is the fifth settlement reached of the original ten hip replacement cases ordered to go through court-ordered mediation. This latest Stryker hip settlement has paved the way for a new round of mediations ordered by New Jersey Judge Brian R. Martinotti.

The cases stem from injuries resulting from the use of Stryker Rejuvenate modular neck systems in hip replacement surgery. Howmedica Osteonics, the parent company of Stryker Medical, voluntarily recalled the Rejuvenate and ABG II modular neck systems used in over 20,000 hip replacements on July 6, 2012. The recall came amid reported corrosion, loosening and fretting in the neck joint, all of which require revision surgery. In addition to the extra surgery, permanent injuries often occurred due to the failure of the hip joint.

Although only a small percentage of the replacements have failed, those remaining in use may cause problems in the future, including tissue death, pseudotumors, bone necrosis and the loosening of the hip joint.

The number of potential Stryker Rejuvenate lawsuits is expected to reach several thousand.

How does the Stryker modular neck cause injury?

The Rejuvenate and ABG II hip replacements both used a modular neck system. This made them easier to install than traditional hip replacements because the length of the femur could be adjusted. The ability to slide one piece of the module into the other, unfortunately, was the source of the failure as well. The design allowed microscopic chromium-cobalt to sheer away from the shaft as it rubbed against the titanium stem.

The damage starts to happen immediately, which led to several units failing within the first two years of use. In fact, the Stryker Rejuvenate recall was implemented less than two years after its introduction to the orthopedic market. These new-generation hip replacements were supposed to last for 15 to 20 years.

Stryker Rejuvenate settlement

In June of 2013, multidistrict litigation (MDL) was established in the U.S. District of Minnesota with Judge Donovan W. Frank presiding. Over half of all Rejuvenate and ABG II litigation is being handled by this court. The Master Complaint for this MDL was approved on January 28, allowing new cases to be filed in the MDL with a simple Short Form Complaint. Outside of the Minnesota jurisdiction, there are nearly 650 Stryker hip replacement cases pending in Howmedica’s home state, New Jersey.

The New Jersey cases were consolidated before Judge Brian R. Martinotti. The Bergen County judge, in order to see if the process could be expedited by mediation, established a mandatory mediation process which has resulted in five case settlements to date.

Stryker hip mediation in New Jersey begins phase II

Judge Martinotti has moved on to phase II of his plan to expedite the New Jersey cases. This phase ordered the submission of a list of cases that will be ready for mediation by February 11th, with the actual meetings beginning in mid to late March.

The details of the particular Stryker hip settlements have not been disclosed. What is known is that Howmedica estimated that the total costs of Stryker hip litigation and settlements could exceed $1 billion.

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