Stryker Orthopaedics may soon need to reevaluate its position on the creation of a multidistrict litigation (MDL) for certain federally-filed Stryker hip replacement lawsuits.

Less than a week after the company filed a Brief with the U.S. Judicial Panel on Multidistrict Litigation voicing its support for the consolidation of Stryker Rejuvenate lawsuits in Minnesota federal court, but not claims filed over the Stryker ABG II modular-neck hip stems, a woman in Massachusetts became the first in the U.S. to file a federal action over the metal hip component.

Stryker Hip Replacement Lawsuit Alleges Defects with ABG II Hip Stem

According to the Brief filed March 18, Stryker declined to support a transfer of lawsuits alleging defects with the Stryker ABG II components, on the grounds that none had been filed. (In Re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, Case Pending No. 20 (JPML)) 

However, that is not the case anymore. On March 26th, the first claim brought on behalf of a patient alleging injuries caused by the Stryker ABG II modular-neck stem was believed to have been filed in the U.S. District Court, District of Massachusetts. This device was recalled in July 2012 alongside the Rejuvenate hip replacement after data indicated their components to fret and corrode, which may lead to adverse tissue reactions and related side effects.

In her lawsuit, which was filed against Howmedica Osteonics Corp. (d/b/a Stryker Orthopaedics), the plaintiff says the ABG II femoral stem she was implanted with in 2010 as part of her total hip replacement surgery led to metallosis (metal ion poisoning) and other side effects. Revision surgery was then required to remove the device.

The patient said she initially complained to her doctor about the pain and discomfort she was experiencing in March 2012, almost two years after her first surgery. An examination then revealed the presence of a pseudotumor, which was a sign of early hip failure. Almost a year after that, the plaintiff said her surgeon called her in January 2013 to make her aware of the Stryker hip recall of the ABG II modular-neck hip stems. Lab results indicated “significant fluid collection” around the hip prosthesis, her lawsuit claims.

This Stryker hip replacement lawsuit alleges negligence and breach of express and implied warranties.

The JPML has not made a decision about whether an MDL will be created to coordinate claims involving the ABG II modular-neck hip stems and Stryker Rejuvenate lawsuits, nor has a location been determined.

How to File a Stryker Hip Replacement Lawsuit

If you experienced side effects after receiving the Stryker Rejuvenate or ABG II modular-neck hip stems, you may be eligible to file a claim against the manufacturer. Contact an attorney at Bernstein Liebhard LLP to find out more about your legal rights at (877) 779-1414.

Published March 27, 2013 by