It is clear that Stryker knew of scientific facts establishing the risk to patients of this metal exposure and the fact that there was a significant risk of exposure to this dangerous metal. It is also clear that Stryker had no scientific proof that the Rejuvenate design would result in better outcomes in patients. For those reasons it is likely that Stryker will liable to injured patients under product liability laws.
A product is considered defective in most states if the dangers of the product outweigh the benefits of the product. A manufacturer of a product such as the Rejuvenate can be legally liable for compensation to injured patients if the product is defective under this standard. A manufacturer of a product can also be liable if it is negligent in the design of a product. Negligence is the failure of a manufacturer to take reasonable care with regard to patient safety.
Consequently, I am confident that we will be successful in legal cases against Stryker for its marketing and sales of the Rejuvenate hip implant.