The Multidistrict Litigation (MDL) Plaintiffs’ lead counsel committee, chaired by Peter J. Flowers of Meyers & Flowers, a Chicago-based law firm, reached a new settlement agreement for numerous patients involved in on-going litigation against Stryker and Howmedica Osteonics for complications involving the defective Stryker Modular Rejuvenate and ABG II Femoral Hip Implants.
This new settlement encompasses patients who had the hip replacement system implanted and then removed after November 2014.
The settlement, much like the historic, unlimited compensation fund of more than one billion dollars in restitution established in late 2014, is once again an unlimited fund for this new set of plaintiffs injured due to these metal-on-metal hip replacement devices.
The global settlement includes plaintiffs from across the U.S. who underwent painful revision surgeries since the fall of 2014 to remove the defective devices regardless of if they filed a case in state or federal court. Settlement payments are expected to be distributed starting in 2017.
“This settlement is the latest chapter in the ongoing litigation against Stryker and Howmedica for the extensive, at-times crippling injuries of our clients, many of whom have experienced life-altering pain and disabilities due to these hip devices,” said Flowers, Chair of the Plaintiff’s Lead Counsel Committee.
“Our continuing and tireless negotiations bring a degree of relief to these clients as well as hope to future victims of defective devices.”
Flowers has spent decades litigating cases against Stryker and similar device manufacturers for their defective medical products.
In 2010, he began to hear from victims of hip replacement injuries that echoed past metal-on-metal friction cases he dealt with in the Depuy Orthopedics of Johnson & Johnson recall lawsuits.
Stryker issued recalls for its Modular Rejuvenate and ABG II Femoral Hip Implants in July 2012 when Flowers was already representing numerous clients who had been injured by these devices, even while the company continued to sell them.
The Stryker hip replacement devices had four components: the femoral stem, modular neck, ball and an acetabular cup. Once implanted, the metal components began to wear causing friction and metal shards to release toxins into the bloodstream.
During a hip replacement, the device stem is implanted in the femur bone. When the device fails or needs to be removed, the femur bone often has to be fractured, resulting in mobility issues that can last for six to eight months as well as painful side effects and extensive periods of rehabilitation.
“The ripple effect that has been seen year after year from these defective hip replacement devices is truly outrageous,” said Flowers. “When medical device makers put profit before patient safety, we all suffer. There are devastating consequences to the victim, their family, and community as well as the overall economy and the government, which is why protecting these injured parties is so essential.”