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WEST PALM BEACH, FL, August 10, 2012 /24-7PressRelease/ -- South Florida law firm Searcy Denney Scarola Barnhart & Shipley PA (Searcy Denney) announced today that it has filed the first lawsuit against Howmedica Osteonics Corporation, dba Stryker Orthopaedics, claiming damages caused by the company's defective Rejuvenate and ADM hip implant systems.
The suit was filed in Bergen County, New Jersey Superior Court, by Searcy Denney, joined by The DiCello Law Firm and Weitz & Luxenberg, on behalf of plaintiffs Dianne and Phillip Pingel. The husband-and-wife plaintiffs claim that the defendant failed to use reasonable and due care for the safety and well-being of patients in the development, testing, marketing, packaging, and selling of the defective product.
On July 4, 2012, Stryker posted a national recall of the Rejuvenate and ADM hip implant systems apparently after receiving multiple reports of the premature failure of those systems. "That recall is tantamount to an unequivocal admission by the defendant as to the dangers and defects of their product," said Cal Warriner, a shareholder at Searcy Denney, who represents Mr. and Mrs. Pingel. "Stryker must now redress the damages that these defective systems have caused."
The lawsuit seeks compensatory and punitive damages to cover the medical, hospital, rehabilitation, and pharmaceutical costs incurred by the plaintiffs as a direct result of the implant failures.
"Currently there are more than 60 adverse event reports filed with the FDA's MAUDE incident reporting system," Warriner added. "The Rejuvenate device has been on the market since 2009 and the number of incidents has been climbing exponentially since the beginning of 2012.
"These devices are supposed to last 15 to 20 years. When they fail in huge numbers in less than two years post-implant, there is a serious problem."
Dianne Pingel received the implant on October 24, 2011 and began experiencing significant immediate discomfort. She then suffered heavy metal ion contamination from fretting and corrosion issues, pseudotumor formation, necrosis, and adverse soft tissue reaction. She currently faces eight weeks of inpatient rehabilitation.
Stryker hip implants have been a particular source of controversy since April 2012 when Howmedica Osteonics issued an Urgent Field Safety Notice to surgeons and hospitals that cited failures at the taper neck junction causing corrosion and fretting. The defendant had previously claimed that these problems would not occur due to the new design of the system.
The plaintiffs have requested a jury trial.
About Searcy Denney Scarola Barnhart & Shipley, PA:
A nationally recognized trial law firm, Searcy Denney Scarola Barnhart & Shipley, P.A. is committed to protecting and vindicating the rights of people injured through negligence, deceit and abuse of power. Over the past 30 years, the firm has represented clients in courtrooms throughout Florida and across the nation.
For more information, contact Lee Betancourt at 202-973-5323 or firstname.lastname@example.org.
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