In 2012, two defective Stryker hip implants—the Rejuvenate and ABG II—were recalled. A settlement was reached on November 3, 2014 regarding these devices, but many patients who were injured by them are confused about whether the resultant Stryker lawsuits a considered a class action or not—it’s an issue that even lawyers can get confused about. In this podcast, Tony Nemo explains how it all works. He is one of two Meshbesher & Spence lawyers appointed by the court to help run the Stryker litigation (the other is Genevieve Zimmerman).
Is the Stryker case a class action lawsuit?
“Absolutely not,” says Nemo. “Class actions are lawsuits where everything is the same in every case.” [For example,] “the bank overcharges everybody a penny and you have one plaintiff—one person doing the suing—and that person represents the interests of everyone who’s similarly situated, and the class action, if it’s successful, will result in a benefit to the class members that is virtually the same. So if you get screwed out of a few bucks on a toaster you might get a buck off your next toaster.”
How is Stryker different?
When personal injuries are involved, class action doesn’t work. Patient’s injuries are different, they’re coming from different backgrounds, and dealing with different physical limitations—it’s these differences that prevent these cases being handled as a class action.
“These are individual lawsuits that are originating wherever the plaintiff resides,” Nemo explains. “So there’re lawsuits starting throughout the whole country, and then they are brought together and consolidated in what’s called a multidistrict litigation (or MDL for short). MDLs are an efficient way to handle lots of cases together. But every case is separate.”
Stryker and Meshbesher & Spence
The Law Firm of Meshbesher and Spence, Ltd. is currently handling claims involving the Stryker Orthopedics Rejuvenate Modular Hip System. Individuals with this product are at risk for complications associated with fretting or corrosion at the modular neck junction. This can result in failure of the device, necrosis of existing tissue, metallosis, tissue inflammation, other potential long term complications and potential revision or replacement of the product.
If you or a loved one have suffered serious complications that you believe are 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.
Meshbesher & Spence is prepared to defend your rights. Call us today at 1-888-728-9866.