My name is Stuart Talley and I am the partner at Kershaw, Cook & Talley responsible for the Stryker Rejuvenate recall litigation. The reason I am doing this video today is to give an update on the status of the litigation. We had a status conference with the court yesterday and we wanted to provide an update on where we are with these cases.
As many of you may know, the Stryker Rejuvenate litigation originally involved about eight thousand cases that were filed on behalf of people who had Stryker Rejuvenate hips. Most of those cases were consolidated in Minneapolis, Minnesota before Judge Donovan Frank. After year and a half litigation, there was a global settlement that was announced. It was actually a global settlement program. Any individual who had a revision surgery as of November 2014 had the option of participating in the settlement program.
The hearing yesterday discussed the current situation regarding where certain cases stand, how many have been settled, how many remain. We learned there are many cases still pending in the court that have not been resolved. Those cases fall under different categories:
With respect to the unrevised cases, people who haven’t had revision surgery, there is a process that will be set in place. Essentially, Stryker has agreed to allow these people to dismiss their case. In the future, if they ever need revision surgery, they can refile the cases as if it was never dismissed in the first place. This process is called a “tolling agreement”. Stryker agreed to “toll”, or suspend, the statute of limitations. For example, you dismiss your case and are allowed to refile if you ever have revision surgery. If you do, it’s as if your case was never dismissed in the first place.
These cases are ongoing. There’s a lot that’s happening. Many cases have settled. If you have a Stryker Rejuvenate hip, and have not filed a case, we recommend you file one immediately. The statute of limitations could be running on your case. And unless you actually have a case on file, you are not protected even if your hip has not been revised. This tolling agreement only applies to individuals who have cases on file.
If you have a Stryker Rejuvenate hip, contact us for a free case consultation. You can call us toll-free at (888) 997-5170, or fill out and submit the confidential submission form found on this page.