&

Monday, October 8, 2012

Stryker Rejuvenate and ABGII—Getting the Legal Help You Need



A short time after the FDA approved the Stryker Rejuvenate metal hip implant in June of 2008, adverse reports from recipients of the implant began coming in. The implant remained on the market, and in November of 2009 the FDA approved another Stryker metal hip implant, the ABGII. Both models of the metal hip implants came in under the FDA 510(k) approval process which allows medical devices and drugs to gain approval if the manufacturer can prove they are substantially similar to a device or drug which has already garnered FDA approval. While in theory this process sounds reasonable, in practice, many of these drugs and devices were able to be approved based on prior devices or drugs which also had their own problems.

Problems with the 510(k) Process
In the case of the Stryker Rejuvenate, it gained FDA approval based on being substantially similar to the Wright Profemur—which has made the news because of harm to its recipients. In some cases one defective medical device or drug after another can find their way onto the market—and into the bodies of unsuspecting people who likely believe there doctor would not be able to implant a device into their body unless it were safe. Over 500,000 people in the United States alone have metal hip implants in their body despite the fact that a recent FDA panel met to discuss the merits of the metal-on-metal implant and stated that given the many problems which have surfaced on particular metal implants, there was really no reason for surgeons to continue to implant the metal devices.