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Federal Stryker Litigation: Master Long and Short Form Complaints
A development in the federal litigation for Stryker Rejuvenate and ABG II hip implant lawsuits seeks to simplify and quicken the process for filing new claims for those who are suffering from problems caused by the recalled implants.
On January 23rd of this year, U.S. District Judge Donovan Frank approved (Pretrial Order #10) a Master Long Form Complaint and a Master Short Form Complaint to be used in the filing of all new Stryker lawsuits. Both documents can be downloaded from the United States District Court: District of Minnesota website.
The Master Long Form Complaint gives an overview of the entire history of the implants and their subsequent recall, as well as detailing all the primary allegations made against Stryker regarding the “design, research, development, testing, assembling, manufacturing, packaging, labeling, preparing, distributing, marketing, advertising, promoting, supplying, and/or selling” of Stryker Rejuvenate and ABG II hip implants.
The Master Short Form allows potential plaintiffs to streamline the filing process by essentially checking off which allegations (detailed in the Master Complaint) apply to them. The form also contains questions regarding the plaintiff’s device, medical history regarding their hip implant, revision surgeries (if any), and any other problems experienced. Standardizing the process with these forms should make it easier and faster for all individuals filing new suits against Stryker.
In June of 2013, the U.S. Judicial Panel on Multidistrict Litigation (JPML) decided to consolidate the Stryker Rejuvenate and Stryker ABG II hip implant cases for multidistrict litigation (MDL) — another decision meant to speed the process along by eliminating redundancy, sidestepping the conundrum of opposing rulings from having more than one presiding judge, and making it more logistically convenient for all involved. Judge Donovan Frank, in the District of Minnesota, is presiding over the cases.
There are now more than 1,500 product liability lawsuits filed. In addition, 642 lawsuits have been filed in New Jersey state court, where Howmedica, Stryker’s parent company resides.
Roughly 20,000 implants were sold before the Stryker Rejuvenate recall in July 2012. It is anticipated that up to several thousand complaints could be filed in the federal court system before all is said and done.
For individuals personally affected by a faulty implant, resolution may seem a long way off, but the court system does seem to be doing everything in its power to process the cases quickly, so that people can be compensated and move on with their lives.
If you or a loved one have suffered serious complications associated with Stryker’s Rejuvenate and ABG II hip implants it is extremely important that you explore your options to see if you are eligible for compensation for injury-related damages and complications, including medical expenses, lost wages, and pain and suffering. Call us at Meshbesher & Spence today to protect your rights. 1-877-572-5738 or (612) 339-9121.
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