In one of the largest national landmark settlements, the global medical devices and equipment manufacturing company, Stryker Corp., will pay out $1.43 billion to patients who had hip implant revision surgery to remove defective Rejuvenate or ABG II Modular-Neck Hip Stems. It is imperative for any victim who suffers serious injury or illness from the surgical installment of these hip implants get help right away, and secure their legal rights for compensation.
Thousands of patients across the country alleged Stryker sold defective hip implants that corroded while in the patients’ bodies causing illness, pain, swelling and other catastrophic injuries to the tissue around the implant. Stryker’s decision to use dissimilar metals in the manufacture of the neck and stem components of the Rejuvenate and ABG II hip implants lead to the product defect.
Stryker said the $1.43 billion figure represents the “low end range of probable loss to resolve these matters.”
Thousands of lawsuits from patients in approximately 39 states stems from two hip implants that Stryker recalled in June of 2012. These cases have been consolidated under a single federal judge in Minnesota in a “multi-district litigation,” a mass lawsuit filed against health care companies. The announcement was made early last week in the U.S. District Court in St. Paul, Minn.
This agreement brokered by a New Jersey Superior Court Judge presiding over the New Jersey Multicounty Litigation resolves the state and federal lawsuits against the manufacturers of orthopedics. The settlement was overseen by the U.S District Court Judge and U.S. Magistrate Judge for the District of Minnesota presiding over the federal Multidistrict Litigation.
Reuters orthopedics company Stryker Corp. will provide a base payment of $300,000 to patients who received the implant and underwent revision surgery on or before November 3, 2014, to remove and replace the devices. Stryker Corp. expects to begin making payments under the Settlement Agreement sometime before the end of 2015.
In this ground-breaking settlement Stryker is required to pay not only for current injuries, but future complications as well. Every claimant’s injuries are measured individually in an unprecedented award, as opposed to a lump sum agreement per individual. There is no cap on Stryker’s liability under the settlement program.
Who is eligible for the Settlement Program?
U.S. patients who had qualified revision surgery to remove and replace their Rejuvenate Modular-Neck Hip Stem or ABG II Modular-Neck Hip Stem for reasons related to the recall at least 181 days after implantation on or prior to November 3, 2014, in the U.S. or any U.S. Military Hospital are eligible to participate in this program. In addition, certain patients who have been deemed medically unstable to undergo a necessary revision and replacement surgery may also qualify for assistance.
How to participate in the Settlement Program
First, patients must register a claim with a Claims Processor by December 14, 2014. Second, patients must enroll in the Settlement Program between January 16, 2015, and March 2, 2015. It is important to understand that in order to be included in the Settlement Program, you must first register your claim by December 14, 2014. After you register, you will submit a Claim Package by enrolling in the program with all the required documents by March 2, 2015, in order to determine eligibility.
Patients who have not had surgery to remove their Recalled Rejuvenate and ABG II Modular-Neck Hip Stem on or prior to November 3, 2014
Patients can visit the existing Broadspire program offering support for recall-related care by calling 888.317.0200 or going to http://www.aboutstryker.com/modularneckstems.
In order to best understand what you may be eligible for as a victim of the defective Stryker Rejuvenate or ABG II hip replacement system, consult with a physician first, then contact the medical and pharmaceutical legal experts of Slack Davis Sanger. Our dedicated team of medical malpractice lawyers can help you navigate through this difficult process. No one should suffer as a result of seeking necessary medical help. Slack Davis Sanger can help determine whether your case qualifies for the settlement. Contact our legal team today at 800.455.8686 or visit www.slackdavis.com.