Stryker Hip Implant Class Action

Stryker Hip Implant Class Action 2018-03-12T15:55:09+00:00
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The Rosen Injury Lawyers are investigating individual product liability lawsuits on behalf of patients who experienced severe Stryker hip implant complications:

  • Premature implant failure
  • Metal poisoning (metallosis)
  • Revision surgeries

Did you or a loved one suffer injuries? Our caring attorneys want to help.

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(866) 623-9182

Patients deserve justice. We intend to fight vigorously for compensation.

— Laurence Rosen, Esq.

The Rosen Injury Lawyers are investigating individual product liability lawsuits on behalf of patients who experienced severe Stryker hip implant complications:

  • Premature implant failure
  • Metal poisoning (metallosis)
  • Revision surgeries

Did you or a loved one suffer injuries? Our caring attorneys want to help.

24/7 Free Hip Consultations

(866) 623-9182

Patients deserve justice. We intend to fight vigorously for compensation.

— Laurence Rosen, Esq.


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Rosen Injury Lawyers made it easy for me.

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Over the last decade, thousands of injured hip implant patients have filed lawsuits against Stryker, accusing the medical device manufacturer of producing and selling defective hip replacement products. None of these lawsuits have been filed as class actions.

Is There A Stryker Hip Replacement Class Action?

Despite what you might hear about a "hip implant class action" or "Stryker class action," every one of these hip replacement cases has been filed as an individual personal injury lawsuit. And, if you choose to file a case of your own, it's almost certain that you'll be filing an individual civil lawsuit, a legal action that represents your claims against Stryker and your claims alone.

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Class actions are a great way for consumers to band together and take on large corporations who have done something wrong. Stryker is a large corporation, so it might seem natural that hip implant injuries, which have happened to thousands of different people, would lend themselves to the class action model.

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The Problem With Group Lawsuits

The problem is that class actions aren't equal. They aren't democratic. When someone files a class action, they do so on behalf of other people. They have to stand in for those other people in court, representing the class' members before a judge.

None of those class members, though, have a say in how the case is prosecuted. In fact, most of them don't even know that a class action has been filed until after it's been resolved, either through a settlement, a jury verdict or dismissal. You'll get a letter in the mail or find an email in your inbox that says you could be eligible for a small cash payment.

Class Action Makes Small Claims Possible

The value of class action is that, individually, none of the class members would ever file suit. Litigation is costly and it takes a lot of time. If you've been defrauded out of $40, pursuing your own lawsuit just isn't worth it.

But when thousands, or millions, of people have been defrauded out of $40, the class action system makes filing a lawsuit financially viable. Attorneys are willing to take the case because the potential settlement is enormous. And the court system is willing to listen because thousands of small claims for compensation are being bundled together.

Why It's Not The Best Option For Hip Implant Patients

Lawsuits that involve severe personal injuries don't really fall into this model. The Stryker hip implant patients who have already stepped forward claim to have suffered a wide range of horrific complications. Some patients have faced life-threatening infections. Others have developed chronic reactions to the metal particles released by an implant. Most have been forced to undergo one or more invasive revision procedures.

At trial, any one of these cases could secure over $1 million in compensation. So there's no need to pursue a class action, because each case is worth pursuing on its own.

Class Members Can't Control The Lawsuit

Moreover, filing a class action would mean that thousands of injured patients lose control over their cases.

In a class action, "representative" plaintiffs, the people who actually file the lawsuit, have all the control. They decide whether to settle or take the case to trial. And, with the guidance of their attorneys, they decide how to pursue the case. The other class members are just along for the ride, if they know about the class action at all.

That sounds like a terrible system for dealing with cases that involve severe injuries, so the vast majority of plaintiffs' attorneys choose to file individual hip implant lawsuits.

What Is Multidistrict Litigation?

At the same time, it's impossible to ignore the fact that hundreds of patients have filed very similar lawsuits against Stryker. Today, around 300 people have filed LFIT V40 cases of their own. Each plaintiff claims to have suffered severe complications, including at least one revision procedure, due to the hip replacement's alleged defects. The court system has a way of dealing with this.

A process known as Multidistrict Litigation (MDL) allows all of these cases to gather together, reducing litigation costs and speeding up legal proceedings. It's known as "consolidation," when multiple similar lawsuits are transferred to a single jurisdiction for more-efficient handling. And it's already happened for LFIT V40 lawsuits.

In April 2017, an initial slate of federal LFIT V40 lawsuits were sent to the US District Court of Massachusetts. Over the following months, hundreds of new lawsuits joined the MDL, which is now moving through pre-trial proceedings.

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