By TopClassActions  |  August 26, 2013

Category: Medical Devices
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Stryker Hip Lawsuit Cites Metal Poisoning, Revision Surgery

By Jessica Tyner

 


Stryker hip lawsuitBruce Ahlschlager of Minnesota is just the latest of many Stryker hip implant victims to file a lawsuit against Howmedica, the company that manufactures Stryker hip replacement systems. Ahlschlager says in the lawsuit, filed August 12, that the companies’ Rejuvenate hip system caused him to develop metal poisoning, forcing him to go under the knife again for a hip revision surgery to correct the damage.

The Stryker Rejuvenate hip replacement system isn’t a metal on metal hip implant, but it does have a metal on metal component — which can lead to metal poisoning and corrosion. This particular system became available in 2008, but the company issued a voluntary Stryker hip recall in 2012 after getting too many complaints. 

Ahlschlager received his implant in late December, 2010, right before the New Year. Immediately following the implant, he reports “significant right hip pain and suffering.” Once it was decided that his pain was beyond the normal realm of healing, a diagnostic test revealed “the absence of the device loosening, malposition, or any other explanation” for his symptoms. Convinced something was wrong, further testing found the problem: there was “significant fluid collection about the hip prosthesis…and heavy metal ion contamination,” according to the Stryker hip lawsuit.

Metal poisoning can be lethal if not caught and treated right away. Ahlschlager had to undergo a complete hip revision surgery in August 2013, and he filed his lawsuit six days later. A revision surgery is often more complicated and painful than an initial surgery, and of course comes with more costs. His Stryker hip lawsuit claims that he “suffered, and continues to suffer, both injuries and damages, including, but not limited to, past, present and future physical and mental pain and suffering; and past, present and future medical, hospital, rehabilitative and pharmaceutical expenses, and other related damages.” 

Even though this hip replacement system was supposed to be safe, “this combination of materials has been reported to cause fretting, galvanization and corrosion. Since the 1980s, medical and scientific literature has reported corrosion to be a problem” in hip replacement systems like the Stryker Rejuvenate that contain metal on metal components.

The April 2012 voluntary Stryker hip recall revealed a chilling trend with the faulty Stryker system:

“Stryker acknowledged that it had received reports of device failure due to heavy metal contamination…the corrosion and fretting was exactly the same failure mechanism that Stryker had warranted would not occur because of the Rejuvenate system’s design and composition,” the lawsuit states.

The symptoms described in the Stryker hip recall exactly matched Ahlschlager’s own symptoms. More failure reports flooded in, and by now, for many Stryker victims, it was too late. It’s a big toll on someone’s health to undergo a revision hip implant surgery, but fortunately it looks like Ahlschlager will be making a recovery.

The Stryker hip lawsuit alleges that “it is believed that with respect to the Rejuvenate system, Stryker failed to timely report adverse events; failed to timely conduct failure investigations and analysis; failed to timely report any and all information concerning product failures and corrections; failed to timely and fully inform FDA of unanticipated adverse effects, increases in the incidence of adverse effects, or device failures necessitating a labeling, manufacturing or device modification; failed to conduct necessary design validation; and sold a misbranded and adulterated product.” 

The Stryker Lawsuit Details

Ahlschlager is suing Howmedica for negligence, breach of warranty, failure to warn, design defect, manufacturing defect, violation of state deceptive acts and practices, unfair trade practices, consumer protection, merchandising practices, and false advertising. He’s asking for actual damages, past and future costs of related medical treatments, injunctive relief, pain and suffering, mental and emotional anguish, pre- and post-judgment interest, punitive damages, costs of litigation, attorney’s fees and any other relief the court approves.

He says that “Stryker failed to adequately design and manufacture the device to ensure that it would not corrode, erode, deteriorate and induce severe metal toxicity in the patient.” Some of the flaws include poor design of the taper neck, poor manufacturing practices, and Howmedica also didn’t properly test the device. Only bench testing was used, and it adequately testing had been done, man people may not have suffered from metal poisoning.

He also alleged that Howmedica “trained its sales force to detail the device utilizing representations that (Stryker) knew or should have known were false.”

The case is Bruce L. Ahlschlager v. Howmedica Osteonics et al., Case No.: 0:13-cv-02173-DWF-FLN, the United States District Court District of Minnesota. 

Did You Get a Faulty Stryker Hip Implant?  

If you were implanted with a Stryker hip implant and required revision surgery, you might qualify for a Stryker legal claim. Read more about your options at the Stryker Metal Hip Implant Recall Class Action Lawsuit Investigation today. While there, submit your information for a free legal review. If you have a case, a Stryker hip lawyer will contact you for a free Stryker claim review.

 

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