Judge Overseeing Stryker Rejuvenate Lawsuits Remands Accolade Complaint
One of the many Stryker Rejuvenate lawsuits filed nationwide has been remanded back to the transferor court where it was originally filed. The lawsuit features an amended complaint that refers to the Stryker Accolade hip implant system, instead of the Rejuvenate model that is the subject of many of the lawsuits against Stryker.
Lawsuit moves from multidistrict litigation
The lawsuit had been filed by Joan Lewis and was currently pending in multidistrict litigation involving Stryker Rejuvenate and ABG II lawsuits in U.S. District Court for the District of Minnesota. When Lewis filed an amended complaint in the court on August 5, 2013, her claims against the Stryker Rejuvenate device was no longer included. Instead, Lewis states in her amended complaint that she suffered Stryker hip problems from the Accolade TMZF system she had implanted during revision surgery in 2004.
Because the Accolade system is not included in the current cases pending in multidistrict litigation, the judge overseeing the MDL, U.S. District Judge Donovan W. Frank, signed the order to remand the case back to the transferor court. The order, which was signed on September 11, sends the case back to the District of Rhode Island, where it was originally filed. All of the parties involved with the case agreed with the order to remand.
The rise in Stryker Rejuvenate lawsuits
The Stryker Rejuvenate and ABG II systems have created ongoing problems for the manufacturer. Since the hip implant devices were approved by the FDA in 2008, multiple reports of complications have surfaced. Complications associated with these implants include component deterioration that increases the risk for bone fractures.
In 2012, Stryker issued a voluntary recall of both the Rejuvenate and ABG II devices, citing potential risks associated with fretting and corrosion of the components. The recall was posted on the FDA website, and physicians and other healthcare providers were notified of the action. Stryker Rejuvenate lawsuits have also been filed by injured patients seeking compensation for their pain, medical bills and lost wages.
Complaints now on rise with Accolade system
Although the focus in recent years has primarily been on the Rejuvenate and ABG II devices, complaints have also begun to mount against some of the Stryker Accolade models as well. Some patients who have received the Accolade hip implant have experienced bone weakening when the coating on some of the components wears away and metal particles are released. This weakening can cause the joint to loosen over time, which can lead to pain, reduced mobility and squeaking noises in the joint.
In 2009, Stryker issued a class II recall of some of the components used in the Accolade systems. The recall was issued after the company became aware of some of the problems associated with the wearing of the coating. Some patients who have experienced serious complications and early failure of the device may also seek legal damages for their injuries.
Like Lewis, these patients may have been unaware of the risks associated with the Accolade device, and are continuing to suffer complications from their hip implant. As Lewis’s complaint moves back to Rhode Island district court, many will be watching to see whether Stryker will be held legally accountable for complications with their Accolade systems, as they have been with their Rejuvenate and ABG II devices.
- New Jersey Courts, Stryker Hip/ABG II, http://www.judiciary.state.nj.us/mass-tort/abgstryker/index.htm
- FDA, Stryker Initiates Voluntary Product Recall of Modular-Neck Stems, http://www.fda.gov/safety/recalls/ucm311043.htm
- FDA, Medical and Radiation Emitting Device Recalls, http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfres/res.cfm?start_search=1&event_id=50901
- United States District Court, District of Minnesota, MDL No. 2441, http://www.mnd.uscourts.gov/MDL-Stryker/introduction.shtml