Following the recall of Stryker's Rejuvenate and ABGII hip implant systems, hundreds of patient who were forced to undergo painful and risky revision surgery sued the company in its home state New Jersey. The cases were consolidated before mass tort judge, Brian Martinotti in Bergen County.
In April, upon agreement of the parties, the judge issued an order initiating a mediation process for a select group of cases. In October, Stryker announced that it may spend between $700 million and $1.13 billion to resolve litigation and otherwise cover the costs associated with this recalled product according to a regulatory document reviewed by the Wall Street Journal.
The Phase I mediation, which included six cases, took place earlier this month in New Jersey and resulted in settlement of four cases. Stryker's offer to settle the other two cases were inadequate because those cases involve significant surgical complications, permanent injury and lost wages.
As noted by Judge Martinotti at the December 15 court conference, the settlement of four cases is impressive given the early stage of the New Jersey litigation. The terms of the settlement are confidential.
The early resolution of these cases is promising in terms of a global resolution of all the cases. However, as pointed out by plaintiffs' lead counsel in a recent interview, plaintiffs' counsel need to see how the most serious cases can settle before widespread resolution is possible.
The parties and the court have begun the process of selecting 10 cases that will be part of the Phase II mediation.
If you have experienced complications from a Stryker Rejuvenate and ABG II hip implant, please contact Hadley Matarazzo at (585) 399-6046 or email her at firstname.lastname@example.org for a free legal consultation.