Hip replacement surgeries are medical procedures to remove all or part of a hip joint that has been eroded or injured. The hip joint is replaced with an artificial hip. Unfortunately for the individual undergoing the surgery, the hip implant can be defective. One type of hip implant considered defective is the Stryker Rejuvenate hip implant.
The hip implant device was marketed as different from any other hip replacement device. It is not a metal-on-metal device as other hip devices are.
Instead, it has a ceramic part meant to be used as an alternative to the traditional metal parts. Marketed to younger patients needing a hip replacement, it was supposed to last longer and offer a better range-of-motion.
Is a Stryker Rejuvenate Hip Implant Consider Defective?
Many people with the Stryker implant device reported developing metallosis following the insertion of the implant. Metallosis occurs when someone has a tissue reaction to heavy metals in their body. It can cause:
- Failure of the hip implant
- Changes to the person’s DNA
- Limited mobility
- Blood poisoning issues
- Bone dissolution
- Chromosomal aberration
The Stryker implant was eventually recalled as a voluntary recall. This means that Stryker, the maker of the implant, decided to take it off the market instead of being ordered to do so by a federal agency such as the FDA.
Can I Sue Stryker If I Was Injured by Their Implant?
Depending on your circumstances, you may be able to sue Stryker for manufacturing a defective product if you were injured by that product. A defective product is one that causes injury to someone because of a design defect, a warning defect, or a manufacturing defect. In this instance, many people are reporting that the Stryker hip implant device has a design defect that may have caused an injury to the individual wanting to sue.
A design defect occurs when there is a deficiency in the way that the product was designed, such as a flaw in the unit that cause it to be more prone to causing metallosis.
In these types of lawsuits, the court may issue a damages award to compensate the person from their injuries caused by the hip implant. These damages can cover various expenses and losses for the injured person, including medical bills, lost wages, and more.
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What If You Got Injured from the Stryker Rejuvenate Hip Implant After the Recall?
Even though the Hip Implant was recalled in 2012, if you are still using one and you are now injured, then you still have the ability to sue the manufacturer.
The voluntary recall will not limit your ability to recover, and if there is a class action suit that has already been settled, then it is likely that there will be a fund that can pay for your damages.
If your loved one had one, was by it injured, and last passed away (either due to the implant or unrelated), then you or your loved one’s estate/heirs have a right to file a lawsuit on their behalf.
It’s important to be able to prove that you or your loved one has the implant and was injured by the implant. Any medical records that have the implant number or information about the surgery will help your case.
The court may also want to see your medical history, to find out if you experienced something that might have triggered the injury, like being hit by a car after the implant and the implant breaking because of it.
How Do I Know If I Can File a Lawsuit?
Having a defective implant inserted into your body can cause long-lasting consequences, and you may need to sue someone to receive compensation for your ordeal. Contact a products and services lawyer about whether you have a lawsuit. The lawyer can explain your rights and provide you with legal advice and guidance for your case.