After the voluntary recall of Stryker hip implants in July of 2012, numerous plaintiffs are stepping forward to assert claims against the manufacturer. Every year, it seems that the claims are demanding higher amounts of compensation from Stryker for the injuries suffered by plaintiffs. Some of these claims have even exceeded $20 million. One plaintiff in New York is asserting a lawsuit for over $20 million due to her need for a revision surgery. She also alleges that Stryker concealed the high failure rate of the hip implants from the public.
Because so many lawsuits are now being filed against Stryker, a procedure known as multidistrict litigation is being used to handle all of the plaintiffs’ claims.
Multidistrict litigation increases the efficiency with which disputes that share common facts are resolved. In the cases of Stryker plaintiffs, it is apparent that many patients suffer from injuries like pain and the need for a revision surgery as a result of the defective design of Stryker hip implants. Because the Stryker lawsuits tend to share common facts, they have all been combined and will be handled in federal court in Minnesota.
Currently, the United States Judicial Panel on Multidistrict Litigation (JPML) has determined that 41 Stryker lawsuits will be combined and heard in the Minnesota court. The lawsuits will involve both the Stryker Rejuvenate and ABG II hip implants. Stryker formally requested that the multidistrict litigation only involve the Rejuvenate and not the ABG II systems, but the Honorable Judge Donavan W. Frank has denied this request. The multidistrict litigation will involve cases that deal with both the Rejuvenate and ABG II systems. In these cases, plaintiffs will be able to recover damages for the injuries that they have suffered, wrongful death claims, economic losses and loss of consortium. Loss of consortium refers to the losses that a person has suffered in his or her familial relationships as a result of being injured.
Multidistrict litigation will allow the Stryker lawsuits to be handled in a more timely fashion. This may enable plaintiffs to receive damages much faster than if each individual case would have been heard in court. Multidistrict litigation will also serve to promote judicial efficiency and ensure that the court system is not clogged with similar types of cases.
Multidistrict litigation may also enable Stryker attorneys to work together to argue the most effective cases for plaintiffs. All of the documents and witnesses used in the Stryker litigation will only need to be produced once. Discovery documents will not have to be extensive, as there will only be one set of discovery documents for the judge to consider. Law firms will be able to cut down on billing expenses and devote more time and energy to developing the legal arguments of plaintiffs in the Stryker litigation.
Because the multidistrict litigation is on the move in Stryker cases, it is important that Stryker patients do not miss out on the opportunity to be part of these important cases. The Minnesota litigation is expected to be resolved by December, and patients should get in touch with a Stryker hip recall lawyer if they are interested in being part of this multidistrict litigation. A Stryker hip recall lawyer can help you file a lawsuit and become joined as a plaintiff in this important set of cases. You do not want to wait until it is too late to assert your right to have a portion of the proceeds that may be paid out to Stryker patients.
In addition, Stryker patients should also consider that there is a statute of limitations period for the filing of their claims. Stryker patients should be mindful that this time period begins to run from the day that a patient believes he or she has suffered an injury from a Stryker hip implant. You can call Stryker hip lawyers today to learn more about the multidistrict litigation and the likelihood that you may have in receiving a portion of the proceeds paid to plaintiffs.