Amanda Antell  |  October 16, 2014

Category: Legal News

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DePuy Hip LawsuitNearly 4,000 lawsuits have been filed nationwide by hip replacement patients who received the recalled Stryker Rejuvenate system, which was removed from the market in July 2012 after reports surfaced that the metal in the implant is prone to corrosion, fretting and premature failure within a few years of surgery.

Alabama plaintiffs Charles and Susan Wideman are the latest to sue Stryker Corporation for allegedly manufacturing and selling a defective medical device that was dangerous to the general public. Like thousands of other plaintiffs, Mr. Wideman claims he suffered excessively high levels of metal in his blood and other hip replacement complications caused by his Stryker Rejuvenate hip implant failing. The problems were allegedly so bad that they led to loss of consortium, a legal term for loss of companionship in his marriage.

Wideman alleges in the Stryker hip lawsuit that he was implanted with the Rejuvenate system into his right hip on Jan. 26, 2011, and suffered complications soon thereafter. He claims that neither he nor his physician were aware that the metal hip implant was prone to premature failure. He alleges they chose the Rejuvenate based on Stryker’s allegedly false advertisements that it was superior to other metal hip implants due to the patented alloy that composed the ball-and-socket joint of the implant.

Stryker claimed in its advertisements that their hip replacement system was more durable, lasted longer, and could take friction during strenuous activities like running. Additionally, Wideman claims he chose the Stryker Rejuvenate hip system based on the fact that it could be customized to fit his frame, whereas he would have to adjust to most other hip implants.

What Stryker did not mention on their advertisements was the fact that metal hip implants have been linked in numerous reports to a variety of complications, the Stryker hip lawsuit claims. Injuries mentioned in reports included:

  • infection of surrounding tissue,
  • the formation of pseudotumors,
  • device failure,
  • rusting,
  • corrosion, and
  • metallosis.

Metallosis occurs when the patient’s blood gets poisoned from elevated levels of metal in the body. Thousands of hip replacement patients implanted with a metal hip implant were diagnosed with metallosis, which was allegedly caused by the metal debris that was shed into their bloodstream from the ball-and-socket joint of the implant rubbing together.

Wideman claims in the Stryker Rejuvenate lawsuit that he was diagnosed with excessive levels of chromium and cobalt in this blood after he received the metal hip implant. As of now, Wideman has yet to schedule a revision surgery to either have the device removed or replaced, and continues to suffer from severe pain and immobility. Many patients who have received metal hip implants, however, have had to undergo multiple revision surgeries to correct the damage caused by the medical device’s failure.

Wideman’s hip replacement lawyers claim that because he was not adequately warned of the device’s side effects, their client was unable to make a reasonable decision at the time he chose the Stryker Rejuvenate hip system. Furthermore, Stryker had the civil responsibility of warning Wideman and other patients of all possible side effects they could suffer while using their devices because they rely on the given information, the lawsuit claims.

Wideman insists that he never would have chosen to use the Stryker Rejuvenate hip system if he had known about the risk of metallosis and the other adverse effects associated with the device.

Wideman and his wife are suing Stryker Corporation for being allegedly responsible for manufacturing, selling, distributing, and marketing a dangerous product. The charges include: negligence, false advertising, concealing information, misrepresenting a product, and loss of consortium.

Their case was filed into multidistrict litigation (MDL) in Minnesota where thousands of other Stryker hip lawsuits are pending.

The Stryker hip MDL is In Re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, MDL No. 2441, in the U.S. District Court of Minnesota.

Overview of Stryker Hip Complications

When metal-on-metal hip implants hit the American market, they were considered by many to be a tremendous step forward in medical innovation because they seemed so much more advanced than their ceramic and plastic cousins. Clinical testing showed that they lasted longer, had greater durability, and most could be customized for patients.

Metal-on-metal hip implants were incredibly popular among younger patients because they could take harsher physical activities like running and other forms of exercise. Despite the initial excitement of their release, metal-on-metal hip implants soon became the subject of disdain from patients and medical experts alike after studies revealed they were prone to premature failure.

When theses metal hip implants begin to fail they cause a host of complications related to the ball-and-socket joints shedding metal ions into the patient’s bloodstream. These hip replacement complications include metallosis (metal blood poisoning), tissue infection, severe pain, immobility, corrosion, fretting, and the formation of non-cancerous cysts known as psuedotumors.

Stryker and other metal hip implant manufacturers allegedly knew about these hip replacement complications, but failed to address them to the public, leading to thousands of product liability lawsuits against companies like Stryker, DePuy, Wright, Biomet, and others.

In general, metal hip implant lawsuits are filed individually by each plaintiff and are not class actions.

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If you or a loved one had a metal-on-metal hip implant that failed or caused serious complications, you may be entitled to compensation. Hip replacement lawsuits are being filed now against multiple companies, including Stryker, Biomet, DePuy, Zimmer, and Wright. See if you qualify to take legal action by filling out the form below.

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