Stryker Hip Recall Victim Sues for Negligence

Jack Cooper thought things would be smooth sailing after getting his Stryker hip implant. He underwent hip replacement surgery on August 9, 2011, under the care of Dr. Thomas Mulvey at the Methodist Medical Center of Illinois. Less than two years later on July 24, 2013, Cooper filed a Stryker hip lawsuit — joining hoards of other hip replacement victims who weren’t aware of the real risks.

When Cooper underwent hip replacement surgery, things seemed to be going well at first. However, just one month later, he received a letter from Stryker detailing a voluntary recall because the hip replacement he received was prone to corrosion and causing metal poisoning in the body. Although the Stryker hip implant isn’t a “metal on metal” implant, it does have metal on metal components. Cooper opted for a revision surgery the next spring.

In May 2013, Cooper received a modification surgery which replaced the faulty Stryker hip implant with a new, non-Stryker model. The recovery from any hip implant surgery is challenging at best — not to mention expensive. 

Cooper’s first count against Stryker is for negligent product liability. He claims Stryker “designed, manufactured, distributed, constructed, supplied and/or sold the Rejuvenate with defects in its design and/or manufacture which unreasonably increased the risk of injury to those persons using it” including Cooper. 

Stryker “failed to design and/or manufacture the Rejuvenate in a reasonably safe condition for the purposes and foreseeable uses in which it was intended,” according to the Stryker hip lawsuit. Regardless of whether or not Cooper experienced metal poisoning, the risk was there and he wasn’t warned of it.

Cooper also claims Stryker “failed to exercise reasonable care to warn the users of the Rejuvenate of its dangerous conditions” until it was too late. The company “failed to warn of the risks of severe injuries,” even when the product was used as intended, the Stryker hip lawsuit says. 

There’s a reason Stryker is facing hundreds of hip recall lawsuits. There are many Stryker hip implant victims, and many of them don’t recover as well or quickly as Cooper did. He says because Stryker “failed to adequately and properly test and inspect the Rejuvenate to ascertain the dangers associated with the product including, but not limited to, mechanical failure,” his health, well-being and finances were put at risk.

Cooper’s claims echo other hip implant sufferers, such as the fact that Stryker sold, supplied and/or distributed the Stryker Rejuvenate in a defective condition that was unreasonably dangerous to the users. The hip replacement system was negligently released to the market and Stryker breached their duties of care, Cooper says in the Stryker hip recall lawsuit. 

Due to this, he was forced to undergo numerous medical treatments and surgery, and may still require additional future medical treatments and surgeries to correct these failures. Not only was Cooper’s quality of life put on the line, but he’s also staring down mounting medical bills that are difficult to pay. The cost of surgery and recovery isn’t meager by any means. 

The Stryker Hip Lawsuit Claims

According to Cooper’s Stryker hip lawsuit, he “suffered great pain and anguish, both in mind and body, and will in the future continue to suffer.” That’s why he’s suing Stryker for product liability and breach of warranty. He calls the Stryker Rejuvenate hip implant an unsafe product, and says he wasn’t properly warned about hip replacement complications. 

“The risks of dangers inherent in its design outweighed the benefits of the design when the products were put to a use that was reasonable,” the lawsuit says.  The Stryker Rejuvenate simply failed to perform, says Cooper.

The treatments Cooper has been required to handle have “caused (him) to suffer severe pain, limited range of motion in his hip, (he) was and will in the future be hindered and prevented in whole or in part from attending to his usual duties and affairs, has lost and in the future will lose the value of that time, and has suffered a loss of earning capacity,” the Stryker hip recall lawsuit states.

Complete recovery from revision hip surgery is rare, since the revision is often more taxing than an initial hip implant. It’s unclear whether or not Cooper will ever be “100 percent.”

The case is Jack L. Cooper v. Howmedica Osteonics Corporation et al., Case No. 13-cv-01331, in the United States District Court for the Central District of Illinois Peoria Division.

Did Your Stryker Hip Implant Fail?

Did you get a Stryker hip implant and require revision surgery? Whether or not you suffered metal poisoning and/or corrosion, you might qualify for a Stryker legal claim. Learn more at the Stryker Metal Hip Implant Recall Class Action Lawsuit Investigation now. After submitting your story, an attorney will contact you if you qualify for a free Stryker claim review.