This past July, both the
Stryker ABG II and the Rejuvenate hip implants were recalled due to the risk of
fretting and corrosion. When corrosion occurs inflammation can result, the
recipient may experience chronic pain and tissue and bone degradation and loss
can occur. When the bone and tissue around the hip implant begin to
deteriorate, the implant can loosen and total failure of the implant can occur.
Many patients have experienced implant failure and have been advised by their
physician they must undergo revision surgery to have the recalled implant
removed and replaced with a ceramic or polyethylene hip device.
Other patients have
experienced metal toxicity when the microscopic metal shards enter the
bloodstream and cause gastrointestinal, cardiovascular, renal and thyroid
problems as well as vision and hearing disturbances, vertigo, DNA disruption,
anxiety, depression and irritability. There are certain things you must do in
order to protect your right to compensation should you have already had
problems with your Stryker implant or have problems in the future.
If you do not already know the
name of the surgeon who performed your initial hip implant, it’s important to
find that information as he or she could be called to testify during a lawsuit.
Whether you have had problems yet or not, see your physician for a complete
medical workup and diagnosis to determine your levels of cobalt and chromium and
to find out whether your implant has loosened. Ask your surgeon whether he or
she feels you should have revision surgery—then get a second opinion from
another surgeon.
While there will be class
action suits filed against Stryker, you should definitely speak with an
attorney before deciding to join in such a suit. Taking part in a class action
suit can leave you without your medical expenses covered and you may receive no
compensation for pain, suffering, or lost wages. Hopefully you have kept
comprehensive records from the very beginning of your implant surgery, but even
if you have not, begin now. Record any pain or other symptoms you have suffered
following the implant as well as how your daily life has been impacted. Keep a
record of each doctor seen and every treatment recommended.
Don’t delay treatment because
you are considering a lawsuit, and continue working as long as you are able.
Speak to an attorney as soon as possible to ensure you do not exceed the
statute of limitations. Because the failure rate is relatively high for these
recalled implants, the fact that you have not yet experienced problems related
to the implant is no indication that you will not have problems in the future. Stryker is not likely to simply write you a check for your medical
expenses and the trauma you have experienced. Knowledgeable attorneys
understand the importance of preserving evidence and will not try to convince
you to file a lawsuit unless they are convinced you have a solid case.
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