Hi, I’m Stuart Talley with Kershaw|Talley. Bill Kershaw and I are the partners responsible for providing a status update on the Stryker Rejuvenate and Stryker ABG II litigation case.
Oregon Stryker Rejuvenate and ABG II Recall
Our firm is leading the charge in cases against Stryker involving their defective Rejuvenate and ABG II hips. We are a part of a small group of attorneys, known as the plaintiffs’ steering committee, pursuing these cases. There are several thousand cases filed all over the country.
We are providing more information, especially to our Oregon clients, concerning the statute of limitations. Many clients are calling, and asking, when the statute of limitations starts to run, or if there are deadlines for filing a case. It is essential to know when the statute of limitations starts to run and when it ends, or expires. This is not always clear; this is a gray area.
Oregon has a two year statute of limitations. This means you need to file a case within two years of discovering, or reasonably knowing, injury from a product. It is difficult knowing when the statute of limitations starts to run. Did it start when Stryker announced a recall of their hip? Did it start to run on the date you found out about the recall? Did it start to run on the date you found out you had elevated levels of cobalt and chromium? Or, did it start when your surgeon stated your hip needs replacing? These are all potential start dates for the statute of limitations. It is safest to choose the earliest start date and file your case before that start date.
The statute of limitations start date was possibly July 6, 2012; the date Stryker first announced the recall of the Rejuvenate and ABG II hips. The best option is getting a case on file before July 6, 2014. Clients are asking, “What if I don’t have a problem with my hip? What if it doesn’t hurt? What if the doctor says it doesn’t need replacing at this time?” Filing a case anyways is the safest option. We have many Oregon clients who have not undergone revision surgery. We filed their cases to “preserve” the statute of limitations. Preserving the statute of limitations means that if anything bad were to happen in the future you would have protection. If you don’t file a case, you will not have protection.
We recommend everyone err on the side of caution, and call Kershaw|Talley immediately. We will get a case on file before July 6, 2014, the first potential deadline. We still urge you to call us after July 6 if that is not the actual date, and is in fact a later date.
If you have a Rejuvenate or ABG II hip, contact an attorney immediately and get protection. Contact an attorney at Kershaw|Talley even if you are not having problems with your hip.
Give us a call if you live in Oregon. We are licensed in Oregon and many of our clients are from Oregon. We are more than happy to get a case on file for you, and even get one on file the same day you call. Please contact us for a free evaluation with the number on the screen, or via our website and fill out the questionnaire. All of our cases are on contingency and there are no out of pocket expenses on your part.