In July 2012, Stryker announced the voluntary recall of Rejuvenate (as well as the ABG II Modular-neck hip stems) due to the possibility that corrosion of the hip replacements’ metallic parts can cause pain and other complications in the joint. This is Stryker’s second recall in only four years. In 2008, Stryker issued a similar recall of its Trident Hip Replacement System that was widely perceived to be as a response to both heightened scrutiny from the FDA as well as consistent complaints of pain and dislocation from people with the device. As of the present date, many of these pending claims and lawsuits involving the Trident System remain unresolved.
Tea Leave’s To The Future Litigation?Dianne Pingel could be the first person to bring a lawsuit against Stryker Orthopedics following its Rejuvenate / Modular Neck Recall. Ms. Pingel’s case is now being eyed as a harbinger of what lies ahead for Stryker in the future. After Dianne Pingel first began to experience pain in her hip following the surgery, doctors began to notice that she had strange tissue growth in her hip surrounding the joint that would require surgery to remove. The surgery was performed in June of this year and a revision stem was inserted during the procedure in an attempt to correct the issue. Unfortunately, Ms. Pingle’s femur was fractured during the procedure and she has needed several surgeries since.
Though Ms. Pingle’s case presently remains as a stand-alone lawsuit, her case is being closely followed to see if a new wave of Stryker hip recipients with similar complaints come forward.
Depending the the number of forthcoming drugs-medical-devices/depuy-hip-recall-lawsuits/">Stryker Rejuvenate lawsuits, the cases may be consolidated into a streamlined proceeding known as multidistrict litigation (MDL). Pursuant to the terms of MDL, the multiple lawsuits involving a singular issues are consolidated into a case within the Federal Court system for purposes of streamlining discovery and pre-trial matters. At the judges discretion, the cases could be separated or consolidated for trial. The theory behind and MDL is that it encourages economy of both judicial and litigation resources as the underlying issues remain widely similar amongst a large proportion of the impacted group.