Thursday, September 24, 2015

Lien Resolution and the Recovery of Lost Wages under the Stryker Hip Settlement

September 25, 2015 - You may be one of the thousands of patients who are eligible to participate in the Stryker Hip Settlement Agreement. The Agreement was reached in November, 2014, after Stryker recalled the Rejuvenate and ABGII hip devices in July, 2012. Soon after the recall, patients harmed by the devices began filing lawsuits against Stryker. When more than 4,000 lawsuits had been filed and the plaintiffs had prevailed in several Stryker cases which went to trial, the company determined it might be more cost effective to offer a settlement to those patients who underwent Stryker hip revision surgery due to problems caused by the Stryker implant, or failure of the implant. The base award for those who qualify for Stryker hip monetary compensation under the Stryker Hip Settlement Agreement is $300,000, subject to certain enhancements and reductions.

 

Stryker Hip Lost Wages

Those who lost wages associated with their Stryker hip revision surgery could be eligible for certain compensation under the Stryker Hip Settlement Agreement. Lost wages which exceed 20% of the patient’s total annual income for the two years prior to the initial implant could be eligible for wage compensation up to a maximum award of $200,000. Stryker hip lost wages could have been the result of being off work for substantial amounts of time following Stryker hip revision surgery. Many patients suffered complications such as infection, heart attack or stroke after undergoing revision surgery. Patients with a recalled Stryker hip implant may also have suffered Stryker hip metallosis or Stryker hip cobalt and chromium poisoning.

 

Lien Resolution under the Stryker Hip Settlement Agreement

Legally, claimants who receive Stryker hip monetary compensation under the Stryker Hip Settlement Agreement have an obligation to repay their insurer for medical expenses related to the failure of the Stryker Rejuvenate or ABGII. The amount each patient will be responsible for repaying to their insurer will vary, depending on the state the claimant resides in and whether the insurance company is public or private. Public insurance companies include Medicaid, Medicare and Tricare, while private insurance companies include Aetna, United Health Care, Blue Cross and more. Health insurance carriers which fall under self-funded employee benefit plan will also operate under slightly different rules. In this case, the amount repaid may be reduced by a “pro-rata share for attorney’s fees and costs.”

 

Important Dates for Stryker Claimants

The registration date for those who qualify under the Stryker Hip Settlement Agreement was December 14, 2014; the enrollment date stretched from January 16, 2015 to April 17, 2015. On June 12th, Stryker announced the required enrollment of 94% of eligible claimants had been met and that many of the base awards would be paid out during the end of June or by the end of July, 2015. Enhancement payments are expected to be paid to claimants by the end of 2015, or during the first quarter of 2016.

 

It could be beneficial to speak to a Stryker hip lawyer even if you believe you may have missed a deadline associated with the Stryker Hip Settlement Agreement. Stryker hip lawyers will be fighting hard for their clients who underwent revision surgery after the deadline, so don’t give up on receiving compensation for your Stryker hip injuries.
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