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February 2014: Stryker Hip Recall Litigation Hearing Update

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Hi, I’m Stuart Talley with Kershaw|Talley. Bill Kershaw and I are the partners responsible for providing a status update on the Stryker Rejuvenate and Stryker ABG II litigation case.

On February 20, 2014, the court in the Stryker Rejuvenate MDL held a status conference to discuss the status of the litigation. It was reported to the court that there are now more than 1,500 individual Stryker lawsuits that have been filed throughout the United States.  Judge Donavan Frank, the judge assigned to hear these cases, reported that he had reached out to several state court judges who are presiding over cases in other jurisdictions to discuss coordinating their efforts to ensure that the cases are litigated as efficiently as possible.

The second issue that was brought up at the hearing involved a discussion of efforts at settlement.  Stryker reported to Judge Frank that in New Jersey it had successfully reached settlement agreements in 9 cases.  However, because the settlements are ”confidential” the amounts of the settlement are unknown and the facts underlying each plaintiffs’ case are unknown.  Judge Frank reported that he would be sending a magistrate judge to New Jersey to meet with the mediators who helped settle the 9 cases. The purpose of this order is to examine whether it’s possible that a global settlement program could be put in place with respect to all the pending cases.

At this point, plaintiff’s counsel advised the court that they were very concerned that Stryker was using the prospects of settlement as a means of delaying the progression of the litigation. Specifically, it was reported that Stryker had only produced a small fraction of the several million pages of documents that have been requested by the plaintiffs and has refused to provide any timeline or dates for the depositions of Stryker employees and executives.  The plaintiffs are very concerned that Stryker is trying to ram through a settlement before the plaintiffs are able to fully discover the facts which led to the eventual recall of the Stryker Rejuvenate hips.  Judge Frank advised the parties to meet and confer on the discovery issues and then bring any unresolved issues to the magistrate’s attention before the next status conference.

The next status conference in the case is set for March 20, 2014.  We will be providing an update after this conference.

If you have a Stryker hip and you want more information about the litigation, how it’s progressing, or you need a legal advisor to evaluate your case, feel free to give us a call. You can reach us at 888-635-3970 or through our website at www.defectivehipsettlementcenter.com

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