Cobalt Chromium Toxicity

Stryker Hip Recall

Stryker Rejuvenate Status Update: October 2015

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:

  • The first category includes people who have not had revision surgery. Stryker has offered nothing to those individuals and is not agreeing to settle their cases.
  • The second kind of case involves people who had revision surgery but after the settlement was announced in November 2014. So, if you had revision surgery after November 2014 you were not included in the settlement program.
  • The third kind of case that is sitting out there is for people who opted out of the settlement program. They decided they didn’t like the terms of the settlement and decided not to take it.
  • The last category of cases, 175 remaining, those will be tried to a jury. There is a lot of work right not to get those cases ready for trial. There’s a lot of discovery that’s being conducted with respect to Stryker and retrieving documents from Stryker. There are many depositions lined up for November of this year of various Stryker executives. There’s a lot of work and effort going into getting those cases ready for trial.

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) 817-2527, or fill out and submit the confidential submission form found on this page.

Stryker Settlement Deadline: Extended to March 16th!

There are approximately 6,000 Stryker Rejuvenate and ABG II cases now pending around the country; most are in Minneapolis, Minnesota. Stryker made a global settlement offer for individuals who underwent revision surgery (replacing their Rejuvenate or ABG II hips) prior to November 3, 2014.

The Stryker Settlement deadline (i.e. deadline to participate in the settlement) is now extended until March 16, 2015. There are specific requirements to fulfill before the settlement deadline. Various forms and documents (e.g. medical records) need to be submitted to the settlement claims administrator by the March 16th deadline.

You must submit sufficient medical records to show you had a Stryker Rejuvenate or ABG II and it was revised for “recall-related” reasons, as defined in the settlement agreement. The medical records should show you had elevated cobalt and chromium, tissue damage,  or some other indication showing your hip was revised due to the recalled hip.

Many people ask why there is a need for an attorney. “What’s the benefit of having an attorney if I settle my case on my own? Won’t I save money doing it myself?”  The settlement agreement actually encourages individuals to hire an attorney. The process of submitting the required forms and documents to the claims administrator is arduous and complex. An attorney facilitates this process on your behalf. Under the terms of the settlement, if you do not have an attorney, your settlement amount (i.e. compensation you receive), is reduced by 32%. Most attorneys charge 33.3%. However, an attorney goes through the process of determining what the client is entitled to under the settlement. This can often be a complicated process involving medical records and interpreting the 96 page settlement agreement. We are responsible for putting together the settlement admission to the claims administrator, and insuring all the appropriate forms and documents are provided by the deadline. Failure to properly analyze the claim, or failure to submit the proper paperwork, can result in receiving less than you are entitled to under the settlement agreement or a substantial delay in your payment. Therefore, it is truly in your best interest to hire an experienced attorney to guide you through the process, and focus on your claim.

Another question is, “How do I guarantee I’m getting what I deserve under the settlement?” This is another situation where you should consider hiring an attorney. An attorney will make sure you get the most of what you’re entitled under the settlement agreement.

The settlement agreement is divided into two parts:
1) The Base Award–  this is typically $300,000.  This base award may then be adjusted downward for age and/or whether the original hip was put in to replace another hip.
2) Enhanced Benefit Matrix–  potential enhanced benefits for specific damages resulting during or after revision surgery; damages are assigned a monetary value.

 What is the timing of payment? When will I get paid?
Under the settlement agreement, the Base Award is distributed in late summer 2015 or early fall 2015. Individuals who submit all the appropriate paperwork will be paid during that time frame. However, if you do not submit the appropriate paperwork, you will move to the “end of the line”. This greatly delays the time period in which you get paid. Payments for the enhanced benefits are distributed in early 2016. These payments are also affected by how the forms are submitted. If you make a mistake, this also delays the enhanced benefit payment.

 What if I do not take the Settlement? What if the Settlement is not right for me?
If you fall into this category, you essentially have one option. Your option is continuing with your lawsuit, if you have one on file. If you don’t have one on file, you need to file a lawsuit immediately. You do not have to take the settlement; the settlement is only an offer. No one is required to take it. We have many clients who are not taking the settlement. We intend to pursue their cases, attempt to get trial dates, and hopefully get them a verdict more than the settlement or a future settlement more than what is currently offered.  Some people are not taking the settlement because it just doesn’t work for them.  There are individuals suffering problems after revision surgery resulting in permanent injuries (e.g. chronic limps, lifelong pain medication). They have significant damages not adequately compensated by the settlement.

If you have a Stryker Rejuvenate or ABG II hip, and are experiencing any problems, feel free to give us a call. We can also help with the settlement and how to process the appropriate paperwork and navigating the deadlines. We have an upcoming deadline on March 16th. Don’t wait until it’s too late, act now.

Stryker Status Conference Update

On Thursday,  January 22nd, there was a status conference regarding In Re: Stryker Rejuvenate and ABG II hip implant products liability litigation (MDL 13-2441). The conference occurred before Judge Donovan W. Frank in the United States District Court, District of Minnesota in St. Paul, Minnesota.

The conference began with an update concerning the two-step process of the litigation. The first step was having all cases formally registered with the Defendant and the settlement processor. All plaintiffs should have registered their claims whether the case was filed, unfiled, qualified, or unqualified. It was reported that the majority of potential plaintiffs completed registration successfully. The second step is the actual and formal enrollment of those individuals who are qualified and choose to enroll in the settlement. The enrollment process is more complicated than registration. The enrollment process opened on January 16th and ends on March 2nd, 2015. Depending on your individual circumstances, your attorney should guide you to make an informed decision as to whether or not to participate in the settlement.

The formal website for the Stryker Hip Litigation is If you are trying to settle your case without a lawyer, the site contains the appropriate forms to participate in the settlement.

Another status conference is set with a tentative date of March 27th.


The Stryker Modular Hip Settlement registration requires patients implanted with a Rejuvenate Modular hip or an ABG II Modular hip to submit basic information, pursuant to a court order.

The court-ordered process applies to individuals regardless of whether they filed a claim or lawsuit, whether or not they underwent a qualified revision surgery (implant was removed before November 3, 2014), and whether or not they have legal representation. You must register by the December 19, 2014 deadline.

You are not required to join the Settlement Program if you register. However, you must register your claims with the Claims Processor by FridayDecember 19 if you intend to enroll and participate in the Settlement Program.

Our attorneys have extensive experience litigating defective hip cases. We can answer any questions regarding the Stryker Hip Settlement and offer free case consultations.

Stryker Accolade TMZF: Metal on Metal Hip Implant Corrosion

Stryker Corp., a subsidiary of Howmedica Osteonics Corporation, faces lawsuits regarding the company’s recalled Accolade TMZF hip stem and LFIT anatomic  V40 femoral head. The lawsuits claim Stryker Corp. failed to warn the device may corrode, causing severe metal toxicity (metallosis) in patients. Stryker Corp. is also the manufacturer of the defective Rejuvenate and ABG II modular-neck stems, which were recalled in July 2012. The Accolade TMZF was later recalled in October 2012. According to the FDA, the manufacturer’s reason for the recall was due to grit blast media, which was observed in the drive hole. Grit blast media, a term referring to any fine powder used as an abrasive, was found as the wearing debris due to the compromised wearing resistance of the titanium alloy (Chen and Thouas 121)* in the hip stem.

The Stryker Accolade is associated with the release of cobalt and chromium metals into the bloodstream. The femoral head of the Accolade hip implant is made with a cobalt and chromium alloy, whereas the hip stem is made with titanium alloy. The combination of the femoral head and hip stem causes significant corrosion and fretting, resulting in metallosis and subsequently permanent damage to tissues and bone, as well as pseudotumors. The Stryker Accolade TMZF, like the Stryker Rejuvenate and ABG II implants, was designed and manufactured without structures that prevent fretting and corrosion. Additionally, Stryker discontinued using TMZF titanium concurrent to the Rejuvenate and ABG II recalls.

Our attorneys have extensive experience, and proven results, litigating defective hip cases. Contact an attorney for a free case consultation if you have a Stryker Accolade TMZF. We focus on your case, so you can focus on yourself.

*Biomaterials: A Basic Introduction, by Qizhi Chen and George Thouas

Stryker Hip Settlement: Registration Deadline Only 1 Week Away!

The Stryker Hip Settlement Program may provide compensation to eligible patients who underwent revision surgery, replacing their ABG II Modular Neck Hip Stems and/or Rejuvenate Modular Neck, before November 3, 2014. Additionally, patients who cannot undergo revision surgery are possibly entitled to compensation; if the procedure was contraindicated for the patient prior to November 3, 2014.

The registration process is open until the deadline on Sunday, December 14, 2014. Registration Orders were issued in Multi-District Litigation (MDL) and Multi-County Litigation (MCL) courts. The orders instruct attorneys with “un-filed claims and filed lawsuits, pro se plaintiffs, and unrepresented claimants” to register claims, whether the patient was revised or unrevised (

You must register to enroll in the Settlement Program. However, you are not required to enroll in the Settlement Program if you register. Contact us for a free case consultation, or for any help regarding the Stryker Hip Settlement. 

Stryker Hip Settlement: Permanent Damage Compensation

Hi, I’m Stuart Talley. I’m the partner responsible for the Stryker Rejuvenate and ABG II litigation. I am doing this video to answer a question our clients asked regarding the Stryker hip settlement.

The question is, “Does the settlement agreement provide additional compensation for individuals who underwent revision surgery but sustained lifelong injuries?” These people had their hip revised but have a permanent disability secondary to soft tissue damage from the hip. Many of our clients are a year post-revision and still use a wheelchair, cane, or crutches. They are in chronic pain and taking pain medication. They are curious if the settlement provides additional compensation for their situation.

Unfortunately, the settlement does not give additional compensation for an “inoperable” problem. However, it does provide additional compensation for procedures. For instance, if you are in chronic pain and need another hip operation after revision surgery, you would receive additional compensation.

The problem with the settlement is not fairly compensating people with lifelong damages caused by soft tissue injuries from cobalt and chromium toxicity (metallosis). If you fall into this category, you have 2 options: accepting the settlement or not accepting the settlement.

Contact Kershaw, Cook & Talley for a free case consultation or with any questions about the settlement if you have a Stryker Rejuvenate or ABG II hip.


Stryker Hip Settlement: Surgery Before the Recall

Hi, I’m Stuart Talley. I’m the partner responsible for the Stryker Rejuvenate and ABG II litigation. I am doing this video to answer a question our clients asked regarding the Stryker hip settlement.

The question is, “Does the settlement provide additional compensation to people who underwent surgery before the Stryker Rejuvenate and ABG II hips were even recalled?” Before the recall, many surgeons performed operations on injured individuals. The surgeons operated to find the source of the problem. Generally, the surgeon could not figure it out, and would then replace the ball and the cup. Unfortunately for these individuals, the problem had nothing to do with the ball and the cup. The problem with the Stryker Rejuvenate and ABG II hips were the stem and the neck.

We have many clients who underwent surgery replacing the ball and the cup before the recall. This situation is not covered by the settlement agreement. After the recall, the surgeons realized the real problem was with the stem. The patient subsequently underwent another operation removing the stem. The settlement agreement only provides compensation for a revision surgery. Revision surgery is defined a certain way under the settlement agreement. It means the stem is replaced. You receive no additional compensation for the surgery where the stem was not replaced. This is a hole in the agreement that does not result in fair compensation for a lot of people.

You essentially have 2 options if you fall within that category. The options are either taking the settlement as is, or not taking it at all. If you don’t take it, you will have to wait and get your case potentially resolved in the future.

Contact Kershaw, Cook & Talley for a free case consultation or with any questions about the settlement if you have a Stryker Rejuvenate or ABG II hip.

Stryker Hip Settlement Registration Deadline: 2 weeks away!

Attorneys William Kershaw and Stuart Talley of Kershaw, Cook & Talley have extensive experience litigating and settling defective hip cases. How can an attorney help with my case? 

The Stryker hip settlement encourages individuals to hire an attorney. The claims process is complex. It involves submitting all the necessary documentation required for the settlement. Individuals may miss submitting appropriate documents, miss deadlines, or make mistakes in the process. Unfortunately, this adversely affects their settlement. The claims administrator and the defendants want an orderly process. It is important having an attorney on your side.

Under the settlement, people with revised hips will receive a base award of $300,000.  There is an approximate 33% deduction from your settlement if you are not represented at the time of the settlement agreement! In most cases, attorney’s fees range from 30% to 40%. And you are likely to receive more from your settlement with the help of an attorney than working alone.

Determining how much you will receive is not an easy task. You may not get all your money if you are inexperienced reviewing medical records and dealing with settlement agreements. There is essentially no cost to you when taking into consideration the deduction for not having an attorney. Under the settlement agreement, an attorney should get you the most money possible for your situation.

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