40+ Stryker Lawsuit Claims Transferred to Federal MDL Established in U.S. District of Minnesota
A federal multidistrict litigation for Stryker lawsuit claims alleging injuries from the now-recalled Rejuvenate and ABG II modular-neck hip stems is now underway in the District of Minnesota, court documents indicate.
A Transfer Order to establish a single proceeding for federally-filed Stryker-related claims was issued on June 12th by the U.S. Judicial Panel on Multidistrict Litigation (JPML). The decision to coordinate claims at this location was reached after less than a month of deliberations from the federal panel, which heard Oral Arguments on the matter at a hearing session that took place on May 30th. According to the Order, at least 41 Stryker lawsuits were moved to the MDL in Minnesota from 16 federal jurisdictions in the U.S., and the Panel has been informed of another 110 potential lawsuits pending in various districts.
In citing the reasons for centralization, the Panel noted the similarity of actions that had been filed over the Stryker Rejuvenate and ABG II hip stems, which were recalled on July 6, 2012 after the manufacturer learned of the potential for their metal components to fret and corrode at the modular-neck junction.
Stryker Lawsuit MDL Will Involve Claims Over Rejuvenate, ABG II Devices
Stryker recall lawsuits allege this complication has the potential to cause pain, swelling, infection, metallosis (metal ion poisoning) and other adverse tissue reactions, which are often only repairable through revision surgeries. Plaintiffs in lawsuits over these devices allege they were defectively designed by the manufacturer, Stryker Orthopaedics, who also failed to warn about the risk for the hips to fail early. Prior to the recall, approximately 20,000 Rejuvenate and ABG II implants were sold in the U.S.
Prior to choosing the U.S. District Court for the District of Minnesota as an appropriate location for a MDL, Stryker lawsuit plaintiffs had voiced support for a consolidated litigation in the Northern District of Illinois, the Eastern District of Arkansas and the Northern District of California, among other federal courts.
The proceeding now underway in the District of Minnesota will involve claims alleging injuries from both the Rejuvenate and the ABG II hip replacement, according to the Transfer Order. In the months preceding centralization of Stryker- related claims, the manufacturer requested that ABG II hip-related claims be left out of an impending litigation. The Panel has denied that request, and three cases involving ABG II devices were added to the amended motion. The judge overseeing the proceeding may create separate tracks for the ABG II and Rejuvenate devices to establish differences between the two, the JPML has stated.
At the state court level, records from May 2013 indicated that there were 161 Stryker Rejuvenate lawsuits pending in New Jersey Superior Court.
Filing a Lawsuit in Wake of Stryker Recall
As the nationwide litigation involving the Stryker recall continues to heat up in state and federal courts, the time is now to join the thousands of patients who have gone on to file claims against the manufacturer. Call an attorney at Bernstein Liebhard LLP to start the process of filing a Stryker lawsuit at (877) 779-1414.