In recent months, orthopedic device maker Stryker has warned doctors that several models of its metal hip implants may be defective, causing device separation, failure and the need for revision surgery.
This was followed by a mandatory Stryker hip recall in Canada last September due to a higher than expected number of patient complaints.
Now, DrugNews has learned that, despite the dangers posed by their devices and after already paying over $1 billion in compensation to patients, Stryker is still attempting to have new patient injury claims dismissed.
Judge Blocks Stryker’s Dismissal Bid
Recently, a federal judge in Rhode Island ruled that a lawsuit filed by Janice Gulluscio over her defective Stryker hip could proceed to trial, despite efforts by the company to have the case dismissed.
Ms. Gulluscio received her Trident hip implant in 2003, but the device allegedly failed 10 years later, causing a fall that led to spinal fractures, bruising, a broken wrist and a broken tooth. She eventually had to undergo painful revision surgery to replace the device.
Stryker claimed in its motion to dismiss that Ms. Gulluscio didn’t properly plead her case for product liability, breach of warranty, negligent design and failure to warn. However, Judge William E. Smith ruled that she had adequately stated her case and alleged enough facts in her filings to allow her case to proceed to a jury.
Defective Hips Can Cause Severe Complications
The orthopedic giant, who was hoping for a quick victory, will now face this, as well as thousands of other cases filed by victims of the allegedly defective hip devices.
Complications of the defective hips can include pain, device breakage or separation, bone damage, infection and metallic poisoning.
The latest Stryker hip recall includes the LFit COCR V40 femoral head manufactured prior to 2011 and used on a number of different models, including:
Stryker Has Already Paid $1.4 Billion to Victims
Stryker has issued no less than four recalls on its hip implants since 2009, and has already faced thousands of lawsuits by patients affected by the Rejuvenate and ABG II hips.
In 2014, the company agreed to pay around $1.4 billion to settle more than 4,500 hip implant lawsuits. However, experts think thousands more still will be compensated.
If you or a family member have suffered complications following a hip implant, or want to find out if you are entitled to compensation from a defective hip, it is important to talk with a lawyer as soon as possible. Contact us today for more information or to speak with a lawyer at no cost.
Amaral, B. Stryker Can’t Escape Hipe Replacement Suit. Law360. (October 31, 2016). Retrieved from www.law360.com
Gulluscio v. Stryker Sales Corp. et al, case number 1:16-cv-00293 (U.S. District Court, Rhode Island)
Last summer, the Department of Justice unveiled the details of an ongoing lawsuit and resulting settlement against industrial giant 3M, claiming the company had furnished defective combat earplugs to millions of U.S. troops serving around the world.