A settlement was reached that could help thousands of individuals who have had complications involving defective Stryker Rejuvenate and ABG II hip replacements.

A New Jersey Bergen County Superior Court judge issued an order last month requiring that all potential Stryker Rejuvenate and ABG II hip implant claims must be registered by Dec. 14. Numerous recipients of the devices have filed defective hip replacement lawsuits.

The hip implant settlement program applies to victims who are U.S. citizens and residents who had either a Stryker Rejuvenate or ABG II implanted and had to have a subsequent surgery to remove and replace the recalled device on or before Nov. 2.

The Stryker settlement program is also open to certain patients who may have been deemed to be too sick or medically unstable to undergo a necessary revision surgery. Among other things, the Nov. 13 order notes that that registration in no way commits any claimant to enroll in the Stryker hip lawsuit settlement program. Following registration, those claimants who wish to accept the terms of the hip implant settlement must enroll in the program between Jan. 15 and March 2.

About the Stryker Hip Implant Recall Lawsuit

The Stryker Rejuvenate Modular Hip System and ABG II System, which use ceramic components, were meant as alternatives to the metal-on-metal hip replacement systems.

Stryker marketed the devices to younger patients as a modular hip replacement, meaning the components were custom-made to fit patients better, which was supposed to result in longer-lasting hip replacement devices that offered a better range of motion.

According to reports, Stryker hip replacement systems are linked to high early failure rate, resulting in some patients having early revision surgery to replace their hip replacement devices. Stryker announced a worldwide recall for Rejuvenate and ABG II hip stems in July 2012 after the metal components were found to be vulnerable to fretting and corrosion at the modular-neck junction.

The hip replacement devices may also be linked to an increased risk of metallosis. Metallosis occurs when metallic fragments build up in the soft tissues that surround the artificial hip increasing the cobalt-chromium metal toxicity in the patients’ blood, tissue and organs. Patients have experienced the following:

• Fretting (wear) and/or corrosion at the modular-neck junction possibly leading to osteolysis (bone dissolution)
• Joint loosening/dislocation
• Excessive metal debris leading to metal ion generation
• Inflammation of tissues leading to metallosis, necrosis (death of tissues) and/or pain
• Hypersensitivity/allergic response
• Broken devices
• Adverse Local Tissue Reaction (ALTR)

According to court documents, the global Stryker settlement program provides for gross base awards of $300,000 per failed hip implant, with potential deductions and enhancements based on the particulars of each case, including additional compensation for claimants who suffered complications during revision surgery and for other damages, including future surgeries caused by hip implant complications. The Stryker hip implant settlement also provides compensation for individuals who need a revision but are medically unable to undergo the surgery.

Claimants may begin receiving their awards by the summer of 2015. There is no overall cap or fixed fund for Stryker’s liability under this hip implant settlement program. According to the Associated Press, Stryker has disclosed that it will pay at least $1.43 billion to fulfill the terms of the agreement.

The Stryker Hip Implant Lawsuits are In re: Stryker Rejuvenate Hip Stem and ABG II Modular Hip Stem Litigation, Case No. 296-BER-L-936-13, in the Superior Court of New Jersey, Bergen County and In re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, MDL No. 13-2441, in the U.S. District Court for the District of Minnesota.