By Sarah Mirando  |  August 12, 2013

Category: Medical Devices

V40-femoral-head-recallArthur and Greta Curnow are suing Stryker Corporation, the manufacturer of a popular hip implant with metal-on-metal components, after Arthur’s hip replacement surgery caused a host of painful complications. The Georgia couple filed their Stryker hip lawsuit on July 30, 2013, in Michigan.

The hip implant Arthur received was The Rejuvenate System, a dual modular hip replacement prosthesis that was recommended for patients requiring hip replacement surgery due to painful joint disease from non-inflammatory degenerative arthritis. The Stryker Rejuvenate has two basic components — a chrome cobalt neck and a titanium stem. In July 2012, a voluntary Stryker hip recall was issued after too many patients reported metal poisoning and painful issues with the device. Arthur received his Stryker hip implant in February 2009.

“After the implantation of the defective device, (Arthur) began experiencing significant pain and discomfort,” the Stryker hip lawsuit states. “Diagnostic workup revealed the absence of the device loosening, infection, malposition, or any other explanation of (his) symptoms. Further diagnostic workup revealed blood tests indicating the presence of heavy metal ion contamination and MRI results revealed adverse local tissue reaction and dehiscence and the posterior capsule.”

Arthur required a hip revision surgery in April 2013 and “during that surgery, it was discovered that, in fact, there were brownish stained synovium around the modular neck junction of the neck piece that was inserted into the femoral stem.”

Arthur’s hip replacement complications probably come as no surprise to Stryker. The company chose to issue Stryker hip recall that included an “Urgent Field Safety Notice” to surgeons and hospitals. In this notice, they acknowledged that it had received reports of device failure due to heavy metal contamination,” the Stryker hip lawsuit states.

Just like Arthur, the “corrosion and fretting was the exact same failure mechanism” that Stryker was sure wouldn’t occur because of the device’s composition and design. Many of the symptoms and complications described in the notice matched Arthur’s. This included soft tissue necrosis (tissue death), metallosis, and adverse soft tissue reaction.

According to the Curnows’ Stryker hip lawsuit, the company “failed to timely report adverse events, failed to timely conduct failure investigations and analyses, and failed to timely report any and all information concerning product failures and corrections.”

While Stryker recalled the hip replacement system, it was too late for Arthur and many Stryker patients like him. He was forced to suffer through hip replacement complications that could have been avoided and undergo a second, expensive hip replacement surgery simply because the system had failed. He doesn’t see this as fair, especially since hip replacement surgery can be risky and kept him from fully enjoying his life during recovery.

How Many Strikes for Stryker?

The Curnows are suing Stryker for breach of warranty, failure to warn, negligent design defect, negligence manufacturing defect and loss of consortium. The couple claims that through public statements and advertising, Stryker touted the Rejuvenate hip replacement system as effective and “safe for its intended use.” The system implanted in Arthur “contained no warnings or, in the alternative, inadequate warnings as to the risk that the product could cause fretting, corrosion, significant heavy metal toxicity, leading to hip pain, disability, and failure of the device.”

The couple says that “failure to warn of the Rejuvenate System’s risks caused serious damage to (Arthur), including bodily injury, pain and suffering, disability, physical impairment, permanent disfigurement and permanent loss of vital bodily function.” They’re asking for compensation for Arthur’s pain, suffering and medical bills as well as Greta’s deprivation of the comfort, companionship, society and services of her husband.

The “cost of medical care, rehabilitation, lost income, permanent instability and loss of balance, immobility, and pain and suffering” are all part of the Curnows’ Stryker hip lawsuit.

The case is Arthur Curnow and Greta Curnow v. Stryker Corporation, et al., Case No.: 2:13-cv-13271-PJD-MAR, the State of Michigan in the Circuit Court for the County of Macomb.

Did a Stryker Hip Replacement Fail You?

If you received a Stryker hip implant with metal on metal components and suffered side effects, you may have a Stryker legal claim. You can learn more at the Stryker Hip Recall Class Action Lawsuit Investigation. Once you submit your claim, a Stryker hip recall lawyer will contact you for a complimentary review if you have a case.

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