At least 95% of eligible patients have registered for an expanded hip replacement settlement program intended to resolve legal claims resulting from Stryker Corporation’s 2012 recall for Rejuvenate and ABG II Modular-Neck hip stems. The company has indicated that it will soon begin making payments in accordance with the agreement.
“The exact timing and amount of payments will depend on factors and circumstances specific to each claim,” Stryker said in a statement dated May 8th. “It is expected that a majority of the payments under the Settlement Agreement will be made by the end of 2017.”
Stryker recalled Rejuvenate and ABG II hip stems in July 2012, after the metal components were found to be subject to a high rate of fretting and corrosion at the modular-neck junction. The recall prompted thousands of plaintiffs to file hip replacement lawsuits against the company for injuries and complications allegedly related to failed Rejuvenate and ABG II stems. Most of those claims were consolidated in centralized litigations that were established in New Jersey’s Bergen County Superior Court, as well as the U.S. District Court, District of Minnesota.
In November 2014, Stryker announced a $1 billion hip replacement settlement to resolve many of those lawsuits. However, the agreement only covered individuals had undergone revision surgery for a recall-related reason prior to November 3, 2014. The expanded settlement was announced in December, and expanded that agreement to include Rejuvenate and ABG II recipients who underwent recall-related revision prior to December 19, 2016.
Individuals who participate in the Stryker hip settlement are eligible for gross base awards of $300,000 per failed implant, subject to deductions and enhancements based on the factors unique to each claim. The settlement also provides compensation to Rejuvenate and ABG II recipients who required revision but were medically unable to undergo the procedure.
Evan as it moves closer to resolving the Rejuvenate and ABG II litigation, Stryker faces a growing number of lawsuits over last year’s recall for certain LFIT Anatomic CoCr V40 Femoral Heads. Last month, the U.S. Judicial Panel on Multidistrict Litigation (JPML) centralized all federally-filed lawsuits involving LFIT V40 femoral heads in the U.S. District Court, District of Massachusetts.
According to a notification issued by Stryker last August, the recalled LFIT V40 femoral heads may be prone to taper lock failure. Such an occurrence may result in:
In November, the U.S. Food & Drug Administration (FDA) designated Stryker’s action a Class II medical device recall, which indicates that the affected LFIT V40 femoral heads have the potential to cause temporary or medically reversible health consequences.