Stryker Recall Lawsuit Says Plaintiff Faces Hip Revision Surgery
By Robert J. Boumis
Louisiana resident Antonio McKnight has filed a hip replacement lawsuit against Stryker Corporation, alleging their Stryker Rejuvenate hip implant caused problems that will necessitate hip revision surgery.
In January of 2010, McKnight underwent hip replacement surgery to replace a worn-out hip joint. McKnight experienced hip replacement complications soon after, including severe hip pain caused by metal poisoning.
The Stryker hip lawsuit lists the history of the Stryker Rejuvenate, which has been plagued by problems since it was approved by the FDA in 2008 and hit the market in 2009. The Stryker Rejuvenate was designed to be more adjustable than other metal-on-metal hip implants. The implant is comprised of an alloy of titanium, molybdenum and other metals. Despite its supposed benefits over other artificial hip implants, Stryker recalled the Rejuvenate three years after it was introduced.
In 2012, Stryker issued an Urgent Field Safety Notice. This document warned surgeons and hospitals that they “had received reports of device failure due to heavy metal contamination.” According to McKnight’s Stryker hip recall lawsuit, “the Notice went on to describe symptoms and findings identical to those experienced by Plaintiff.”
The Stryker hip recall lawsuit alleges that the company’s actions surrounding the manufacture and sale of the Stryker Rejuvenate constitute negligence. The lawsuit asserts that Stryker “acted negligent in failing to use reasonable care in designing, manufacturing, marketing, labeling, packaging, and selling the Stryker Rejuvenate.”
The Stryker recall lawsuit also holds that other similar hip implants would have been effective and possibly safer than the Rejuvenate hip replacement system.
McKnight’s hip replacement lawyer also brings up the issue of fraudulent concealment in the complaint. Most civil law includes a concept called a statute of limitations – a limit to how long a party can wait to sue after an injury. However, fraudulent concealment means that a party hid their actions, preventing an injured party from realizing the source of their injuries. The Stryker hip lawsuit calls for an “equitable tolling of the limitation period,” a term asking the court to take the alleged fraudulent concealment into account when calculating the statute of limitations.
McKnight’s Stryker hip recall lawyer is seeking a number of damages for him, including compensatory damages, interest on the damages and legal fees. Compensatory fees are awards designed to help repair damages the plaintiff has suffered.
The case is Antonio McKnight v. Stryker Corporation, et al., Case No. 0:13-cv-01957-DWF-FLN, United States District Court, Eastern District of Louisiana.
Get a Free Stryker Hip Recall Lawsuit Review Today
If you received Stryker hip implant and went on to suffer from serious hip replacement complications, you almost certainly having overwhelming changes in your life. Complications from a Stryker hip implant can include the need for hip revision surgery. This can mean multiple surgeries, along with recovery time. Hip revision surgery often includes long recovery time, and time away from work.
But amidst everything, you need to remember that you have rights, and there are steps that you can take to regain control over your situation. You can start by visiting the Stryker Hip Recall Class Action Lawsuit Investigation. Here, you can enter information about your case. Your information will be reviewed, free of charge, by a Stryker hip recall lawyer with a background in this type of litigation. If you have a case, you will receive specific legal advice about the best steps to take in your exact situation.
Updated August 5th, 2013
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