As the Stryker lawsuits consolidated into a multidistrict litigation (MDL) continue to move forward through pretrial proceedings, the judge presiding over the cases has ordered the appointment of plaintiffs’ counsel to leadership roles to further assist in the coordination of the cases as they progress towards trial or settlement.
Plaintiffs’ Steering Committee Being Formed
Judge Donovan W. Frank, presiding over the Stryker MDL in the U.S. District Court for the District of Minnesota, ordered the formation of a plaintiffs’ steering committee to ensure the smooth progression of the growing number of Stryker hip replacement lawsuits. The MDL was established in June 2013, when a group of federal Stryker Rejuvenate, and ABG II lawsuits were transferred from federal courts around the country, to Judge Frank’s court in Minnesota.
Judge Frank received a leadership plan from plaintiffs’ lawyers in September, which involved the appointment of a co-lead counsel that included four appointed attorneys to oversee discovery and possible settlement negotiations. Moreover, plaintiffs suggested an 18-member plaintiffs steering committee be formed to assist the co-lead counsel with discovery and trial preparation. Judge Frank will be responsible for appointing the lawyers to these positions.
Stryker countered the leadership plan, voicing concerns that multiple attorneys in the lead counsel could result in duplication and confusion. An order by Judge Frank followed these concerns, requiring all parties to submit responses to the proposed leadership structure in writing by October 4.
According to an order signed by Judge Frank and dated October 9, 2013, it has been determined that the structure of lead counsel for the plaintiffs will consist of a single appointed attorney. In his order, Judge Frank listed those who would be considered for the position of lead counsel. All were asked to submit a five-page memorandum explaining why they would be the best choice for the position.
Judge Frank will further consider the appointment based on a number of criteria, including the number of plaintiffs a counsel is representing, previous experience working in an MDL, and specific experience involving hip implant product liability litigation. The order does not specify when Judge Frank plans to announce his decision.
The Stryker MDL consisted of about 40 cases when it was established. Now, the number has grown significantly to include hundreds of lawsuits brought by plaintiffs alleging that they have suffered injuries caused by the manufacturer’s recalled Rejuvenate and ABG II hip replacement implants. The number of cases is expected to climb even higher as more than 20,000 of these devices were sold in the U.S. before the recall was issued.
The Rottenstein Law Group Helps Patients Who Have Been Injured by Recalled Stryker Hips
It is important to consult your orthopedic surgeon to determine whether the symptoms you might be experiencing are consistent with a failed hip replacement and if that implant was manufactured and sold by Stryker Orthopaedics.
Lawsuits are currently being filed across the country by recipients of the recalled Stryker Rejuvenate implants. Plaintiffs are seeking compensation for pain and suffering, unforeseen medical expenses, lost wages, and other claims.
The lawyers at the Rottenstein Law Group have over 25 years of collective experience advocating for individuals who have been harmed by dangerous drugs and defective medical devices. If you feel you have reason to sue Stryker Orthopaedics, fill out our confidential contact form or call 1-800-624-9568 for a free case evaluation. One of our lawyers will be in touch with you shortly.