By Sarah Markley  |  February 1, 2017

Category: Legal News

Stryker metal hip implant recallA Massachusetts man is filing a Stryker recall lawsuit claiming that he experienced significant injuries as a result of his allegedly defective Stryker hip implant system.

On two different occasions, plaintiff Joseph D. says he was implanted with the Stryker Accolade hip replacement system and a V40 femoral head. He was implanted in his left hip on Dec. 4, 2008 and in his right hip on Feb. 19, 2009.

After both of his surgeries, he claims, he began feeling discomfort in both of his hips.

Joseph went to the doctor to have his implants looked at. They doctors looked for evidence of the device loosening, infection and malposition. No mechanical problems were found regarding his implants.

However according to his Stryker recall lawsuit, Joseph was found to have markedly increased levels of metal ions in his blood.

Because of this and because of his worsening symptoms, Joseph underwent revision surgery for his right hip on July 21, 2015.

During this surgery, it was discovered that there was significant evidence of heavy metal toxicity. This included high levels of cloudy fluid and severe adverse tissue reaction with significant soft tissue necrosis, or death.

The surgeon also found the presence of corrosion at the taper junction between the Accolade stem and Stryker’s L-FIT V40 Chromium Cobalt femoral head.

Because of these severe problems, Joseph has had to undergo extensive rehabilitation in Massachusetts since his revision surgery, according to this Stryker recall lawsuit.

He claims that as a direct and proximate result of the defendants placing this allegedly defective medical device on the market, he has suffered past, present and future physical and mental pain and suffering.

According to this hip implant lawsuit, he also has incurred suffering and damages that include past, present and future medical, hospital, rehabilitative and pharmaceutical expenses.

Stryker Recall Lawsuit Alleges Defective Design

He believes that the Stryker device is unreasonably dangerous and should not be in the stream of commerce. However, he was not aware of the alleged danger prior to having the Stryker devices implanted.

The plaintiff says that he did not know about Stryker’s defective and dangerous products until August 2016, when he learned about the Stryker recalls. Stryker announced then that it was recalling the V40 femoral heads.

He claims that none of his conversations with his healthcare providers regarding his hip implants gave him any cause to believe that the devices were defective. He alleges that Stryker concealed important information from both the public and the medical community regarding the safety of their devices.

Both the plaintiff and his physicians were deprived of vital information that could have helped his situation, he claims.

The plaintiff brings forth claims of negligence, breach of warranty and violations of the Massachusetts Consumer Protection Act.

This Stryker Recall Lawsuit is Case No. 1:17-cv-10057-IT in the U.S. District Court for the District of Massachusetts.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The hip implant attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, metal hip implant lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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