INSIGHTS On Massachusetts Personal Injury Law

Welcome to the SUGARMAN blog. We'll be sharing our perspectives on the state of the law and current legal issues in Massachusetts personal injury law. Issues relating to medical malpractice, construction site injuries, premises liability, product liability, motor vehicle accidents, insurance, and more will all be reviewed here by our team of lawyers who have prosecuted some of the most complex cases in Massachusetts personal injury law.

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What Medical Care Should All Stryker Rejuvenate and ABG II Hip Implant Patients Get?

Since recalling the Rejuvenate and ABG II hip implants, Stryker has provided some updated suggestions for recipients of these artificial hips (these suggestions are further explained on Stryker’s company website). Stryker suggests at this time that recipients of the Rejuvenate and ABG II products get medical evaluation and consultation for the hips. Stryker informs patients with these hip implants to contact their surgeons for an examination, even if they are not experiencing any symptoms such as localized swelling, redness or discomfort in the hip region.

Stryker explains that a surgeon should still evaluate an asymptomatic Rejuvenate or ABG II hip patient because, despite a lack of complaints, the prosthesis may not be operating properly, causing physical harm. Stryker acknowledges reports of patients with mild or no symptoms that have tested positive for elevated metal ion levels or have been diagnosed with adverse local tissue reaction. A surgeon may therefore order blood tests to detect microscopic metallic particles, and order imaging such as MRI, ultrasound or x-ray to evaluate the hip, muscles and tissues. The surgeon will also try to determine whether any swelling or pain is related in whole or part to an infection in the prosthesis and surrounding tissues.

Patients should be aware that, even when all diagnostic tests come back negative, suggesting no present manifestation of hip-related failure symptoms, further medical monitoring is likely into the future. Even asymptomatic patients should expect to undergo repeat follow-up examinations, including blood work and imaging studies as prosthetic conditions may change. Stryker acknowledges that it is important for all patients to follow-up with their surgeons because ultimately a revision surgery may be required as the hip can deteriorate and fail over time. (Please see blog on Stryker Revision Surgery.) Stryker tells patients that its third-party claims administrator, Broadspire Services, Inc., will work directly with patients to address out-of-pocket costs and medical expenses relating to this recall. However, seeking claims reimbursement through Broadspire poses its own set of unique issues. (For further information on the Broadspire claims process, see our Broadspire blog.)

If you have any questions regarding a Stryker Rejuvenate and ABG II hip or a resulting Broadspire reimbursement claim, please call one of our personal injury attorneys,Stephen Sugarman or Benjamin Zimmermann, at 617-542-1000 or e-mail ssugarman@sugarman.com or bzimmermann@sugarman.com.