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Litigation Over Rejuvenate® Hip Implants to Be Conducted in Michigan State Court, Not Minnesota Federal Court
Date:12/4/2013

e and the wrongful conduct of its Howmedica subsidiary, Judge Duggan said not so fast,” explained Robert Sickels, counsel for the Curnows. “Because the Curnows and Stryker are both citizens of Michigan, state court is the proper jurisdiction for the case to be litigated.” He expects many more cases involving the Rejuvenate device to be filed in Michigan state courts.

“I know of at least four orthopedic surgeons in Michigan who were regularly implanting Stryker’s Rejuvenate device before it was recalled in July of 2012. The failure rate of these devices is appallingly high and a significant percentage of the devices will have to be removed in order to avoid serious, long-term joint damage,” said Sickels.

Since the Curnow case was filed, Sickels has filed four more cases in various circuit courts in Michigan, including St. Clair County Circuit Court, Wayne County Circuit Court, and Macomb County Circuit Court. “I doubt Stryker will attempt to remove those cases to federal court in light of Judge Duggan’s well reasoned opinion,” he said.

Approved for sale in the U.S. in 2008, the Rejuvenate device was implanted in an estimated 20,000 patients before Stryker issued a recall in July 2012 that also included its ABG II product, another modular stem design. Typically, hip implants are expected to last 15 to 20 years, but scores of Rejuvenate patients have suffered failures within two to five years after implantation.

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Sommers Schwartz, P.C., a law firm located in Southfield, Michigan, represents individuals in Michigan and across the country who have been harmed as a result of medical errors, defective products, loss of employment, and other forms of negligence or intentional injury, as well as businesses involved in complex litigation matters that jeopardize their existence. Additional information about Sommers Schwartz can be found on its

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