In addition, Marlboro will sponsor the Komen 5k race

Mark Twain once said that golf is a good walk spoiled.  Truth be told, I  tend to agree with him.  But people nonetheless seem to enjoy the activity, whether they’re out strolling the fairway or going for the long ball.

hip

Hopefully, then, the irony was not lost this week when it was announced that the PGA Tour would be sponsored by – wait for it – Stryker Orthopedics.  Yes, that Stryker Orthopedics.  The one that made 20,000 defective ABG II and Rejuvenate metal hip implants.  The ones that would be bad for golfers (or anyone else who likes to, you know, move) to use.

What does this mean to you:

Remember that advertising and corporate sponsorship can be as much about framing and creating a positive public image as about selling products.

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What kind of action do you have?

Not all cases involving hundreds or thousands of plaintiffs are class actions.  Class cases make the most sense where the wrongful conduct applies the same to everyone affected.  Think of a corporation that misrepresents its financial condition.  All shareholders suffer the exact same loss in share value.

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But what about when the wrongful conduct affects lots of people, but each in their own individual way?  Those cases are called mutli-district litigation, or MDL for short.  MDL’s are common with defective medical devices, where the defect is the same in every case, but the way it affects each person is unique to their circumstances.

The defective Stryker hip implants is an example of a current MDL.  For every implant, the metal in the hip joint begins to fret, or corrode, causing pain and swelling in the hip joint.  Some affected patients may have to have a revision surgery, some won’t, while some may require multiple surgeries.

What does this mean to you:

Class actions get a bad name, perhaps not without merit, for automatically including people without their knowledge.  MDL’s on the other hand, require the plaintiff to actively pursue a claim for their harms and losses.

Testing, schmesting.

You would think that medical devices  implanted inside your body would be some of the most highly-tested products in the world.  Not so, though, for hip implants made by the Stryker company, who began selling its hips without going through clinical trials first.

science experiment

Stryker claimed its hips were similar to DePuy’s metal on metal hips that were already for sale.  The fault in this logic, if you can call it that, is that DePuy’s hip implants are the ones having problems with fretting and corrosion of the metal, which causes pain and swelling.  This defect may even lead to metalosis – metal toxicity in the blood stream caused by metal ions and shavings from the implant itself.  This, despite the fact that the industry has known for some time that as much as 40% of metal-on-metal hip implants would fail.

Stryker has since recalled its Rejuvenate and ABG II hip implants.  DePuy has since settled many of the claims against it for $2.5 billion.

What does this mean to you:

Someone with a recalled hip implant probably does not know the make or model they have.  If an implant patient continues to have, or suddenly develops, pain or swelling around their hip implant, they should check with their surgeon right away.