Cobalt Chromium Toxicity Resource Center

June 2014: Stryker Rejuvenate and AGB II Litigation Update

Hi, I’m Stuart Talley with Kershaw, Cook & 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 June 24, 2014, I appeared at a status conference in Minneapolis, Minnesota. The majority of the Stryker Rejuvenate cases are pending in Minnesota. Judge Donovan Frank manages the litigation and tried moving the trial forward to July 2015. Judge Frank addressed several issues at the status conference.

First, he wanted a current status on the number of filed cases. Presently, there are over 2,000 cases filed around the country in various jurisdictions.

He also wanted an update regarding discovery. There was a lot of discussion about discovery. The plaintiffs observe that Stryker is not cooperating with discovery and refusing to produce documents. One of the biggest problems concerned emails. There are thousands of documents produced in the case but very few emails. The plaintiffs’ attorneys discussed how Stryker employees, intimately involved with the design and development of the Rejuvenate hip for years, only produced approximately 100 emails when there should be thousands of emails. At this point in the litigation, the plaintiffs intend to do some discovery to find out what happened to these emails. Were they destroyed? Why were they destroyed? If they were destroyed, were they backed up anywhere? Often, you can retrieve destroyed emails from backup tapes. We are in the process of pursuing this course of action.

Another discussion concerned depositions. Plaintiffs are trying to get dates for depositions of Stryker employees. Stryker is not forthcoming in providing dates for depositions. Stryker is attempting to delay the proceedings in an effort to push out the July 2015 trial date. Judge Frank did not agree with this plan. We expect court orders to discontinue the delay in discovery and slow-play process.

Currently, there are no meaningful settlement discussions. Stryker disclosed they settled roughly 27 cases of the thousands filed. All those settlements are confidential. No one knows the specific amounts or details about the cases. Judge Frank appeared frustrated from this fact and wants an open settlement process. An open settlement process is typically the only way these cases are resolved.

If you have any questions, please contact us via the phone number on the screen or visit our website and send us an email.

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