Stryker Hip Lawsuit Remanded to State Court After Federal Judge Finds Claims Against West Virginia Hospital To Be Valid, Bernstein Liebhard LLP Reports
New York, New York (PRWEB) September 03, 2014
Stryker hip lawsuits (http://www.injurybeacon.com/hip-replacement/stryker/) alleging injuries related to recalled Rejuvenate and ABG II Modular-Neck Hip Stems continue to move forward in state and federal courts throughout the U.S. Bernstein Liebhard LLP reports. According to an Order issued in U.S. District Court, Northern District of West Virginia on July 30th, a woman who was allegedly harmed by a defective Rejuvenate hip implant will be able to pursue her lawsuit in state court, after the court found that certain claims she asserted against United Hospital Center Inc. were valid. (Lambert v. Stryker Corp., et al., No. 14-57)
In addition to bringing a number of product liability claims against Stryker and United Hospital Center, the lawsuit also charged the hospital with spoliation of evidence, civil conspiracy and violation of the West Virginia Consumer Credit and Protection Act for allegedly conspiring to turn over the woman’s explanted device to Stryker. According to court documents, the Plaintiff had obtained injunctive relief against United for the preservation of the hip prior to the filing of her Stryker hip lawsuit.
“Our Firm is representing a number of Stryker hip recall clients who also suffered serious injuries allegedly caused by Rejuvenate hip stems. Many of their claims echo allegations put forth in this case,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm continues to offer free legal evaluations to individuals who were allegedly harmed by Stryker’s Rejuvenate and ABG II Modular-Neck Hip Stems.
Stryker Hip Recall Litigation
Court documents indicate that more than 3,700 Stryker hip lawsuits have been filed in U.S. courts since Rejuvenate and ABG II hip stems were recalled in July 2012. These include at least 2,064 cases that are pending in a multicounty litigation currently underway in New Jersey’s Bergen County Superior Court, where Bernstein Liebhard LLP is actively filing claims. (In Re Stryker Rejuvenate Hip Stem and the ABG II Modular Hip Stem Litigation, No. 296) Just over 1,700 similar lawsuits have been filed in a federal multidistrict litigation that has been established in U.S. District Court, District of Minnesota. (In re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, No. 244) All of these claims allege that the defective nature of the Rejuvenate and ABG II hip stems caused recipients to suffer chronic pain, metallosis, osteolysis, tissue necrosis, and other complications that resulted in premature failure of their hip implant.
The Stryker hip recall was announced by the U.S. Food & Drug Administration on July 6, 2012. Stryker has warned that fretting and corrosion of the Rejuvenate and ABG II hip stems places recipients at risk for adverse local tissue reactions, pain and swelling. In addition, the company has recommended that all patients fitted with one of these devices undergo medical testing to ensure it is working properly, even if they have not experienced any symptoms that would suggest a problem with their implant.*
Individuals who were allegedly harmed by Rejuvenate and ABG II hip stems may be entitled to compensation for medical bills, lost wages, pain and suffering, and other injury-related damages. To learn more about the Stryker hip recall, please visit Bernstein Liebhard LLP’s website, or call 800-511-5092 to arrange for a free, no-obligation case review.
*http://literature.ortho.stryker.com/files/REJUV_COM_23.pdf
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $ 3 billion on behalf of our clients. The Firm has been named by The National Law Journal to the Plaintiffs’ Hot List, recognizing the top plaintiffs firms in the country, for the past 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.
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