A New Jersey court has put in place a mediation program to help increase the chances of settling Stryker hip implant lawsuits.

Superior Court Judge Brian R. Martinotti in Bergen County ordered the Stryker Rejuvenate mediation program in an attempt to resolve cases before the first of the bellwether trials, which are expected to start next summer.

According to the case management order presented at a status conference last month, at least 17 to 18 cases have been settled successfully through the mediation process in New Jersey state court, with three more cases scheduled for possible settlement this month. Due to the success in quickly settling Stryker Rejuvenate claims, legal experts expect Martinotti to select an additional 10 cases next month, which will also be added to the mediation program.

There are more than 1,500 product liability lawsuits pending in New Jersey state court involving Stryker metal hip implants, the Stryker Rejuvenate and ABG II modular hip systems. Both products were removed from the market in July 2012 due to a massive amount of injury reports indicating that the products may corrode or fret, causing serious injuries to the patients.

Hip replacement complications lawsuits also allege these products had a tendency to fail within a few years after implant, with lasting side effects. Unlike traditional hip implants, these Stryker models are made of metal and were advertised to be more durable and efficient than their plastic or ceramic cousins. They had become especially popular in younger patients in need of hip implants, because doctors could fit the implants to the patients’ specific frames, and were said to be able to handle stronger kinetic energy the body experiences during intense exercises, like running.

The Stryker Rejuvenate and ABG II contained a modular neck-stem, which was the artificial ball-and-socket joint of the implant that is composed of a company-owned chromium-cobalt metal alloy. Advertisements indicated that this metal was biologically safe, and was immune to fretting or corrosion as seen with other metal-on-metal hip implants. Despite the company’s assurances, both of these implants have linked to the same problems patients experience with metal hip implants, according to hip implant complications lawsuits. This includes: extreme pain, immobility, device failure, and metallosis or blood-metal poisoning. Reportedly, when the ball-and-socket joint interacted, metal debris was shed into the bloodstream, which led to a variety of problems.

It has been estimated that approximately 20,000 implants were sold before the Stryker Rejuvenate recall was issued in July 2012, so experts expect more hip replacement lawsuits.

Stryker Litigation Status

In addition to the Stryker Rejuvenate lawsuits in New Jersey state court, an additional 1,000 lawsuits have also been filed in various federal courts throughout the country. Most of these additional cases have been consolidated as part of a multidistrict litigation (MDL) that is centralized before U.S. District Judge Donovan Frank in Minnesota.

As the mediation program continues for both the MDL and New Jersey litigation, a number of cases are being prepped for early trial dates, as bellwether trials. These cases will help determine how the parties may convey their points, provide possible reactions jurors may have to certain evidence, and may help avoid redundant litigation.

The outcomes of these Stryker Rejuvenate trials will not affect other Stryker Rejuvenate lawsuits, but they could promote ideas to settle larger numbers of cases. If the mediation program does not settle the cases, or if no satisfactory verdict is reached during the bellwether trials, hundreds of metal hip injury claims may have to be scheduled for trial.

In general, metal-on-metal hip lawsuits are filed individually by each plaintiff and are not class actions.

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