June 14, 2013 — The U.S. Judicial Panel on Multi-District Litigation (JPML) has established a Multi-District Litigation (MDL) to centralize Stryker Rejuvenate and ABG II lawsuits into one federal court. The order will transfer more than 41 lawsuits in 16 courts into the U.S. District Court of Minnesota before Judge Donovan W. Frank, In Re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, MDL No. 2441.
Centralizing the lawsuits is designed to improve efficiency of the litigation by reducing the risk of duplicative discovery, conflicting rulings in different courts, serve the convenience of the parties, and reduce the burden on the court system.
All of the lawsuits involve similar complaints about alleged defects in Stryker’s Rejuvenate and ABG II modular-neck hip replacements. The claims focus on the poor performance of the products, particularly failure due to corrosion and fretting at the modular-neck junction.
Unlike traditional hip implants, which have a solid metal stem, the Stryker Rejuvenate and ABG II have a metal-on-metal component that can flake off tiny particles of chromium and cobalt. The implants were recalled in July 2012 after Stryker received numerous reports of complications, including metal poisoning (metallosis), pain, inflammation, bone loss, tissue damage, premature failure, and early revision surgery.
Stryker is already facing hundreds of lawsuits, and it is possible that thousands of people will ultimately join the federal litigation. Many plaintiffs are seeking financial compensation for their pain and suffering, medical expenses, lost income, disability, loss of consortium or enjoyment of life, and more.
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