The Stryker Hip Master Settlement Agreement: Lost Wages

How does the Agreement address Lost Wages, Liens, Broadspire, and Spousal Claimants?

Consumers who received a Stryker Rejuvenate or ABGII metal hip device, and experienced such significant medical issues associated with the hip implant they were forced to undergo revision surgery may be eligible to participate in a recently proposed Stryker Master Settlement Agreement. The Stryker hip settlement monetary compensation being offered to claimants under the settlement is a base amount of $300,000, with reductions or additional compensation based on specific issues related to the individual.

 

As examples, those over the age of 70 will experience a 5% reduction in their base amount, those who received a bilateral revised implant will receive $600,000 as the base award, and claimants who have been advised to undergo Stryker revision surgery but were too medically infirm, may be eligible for only $75,000. The Stryker Master Settlement Agreement requires that 95% of all claimants eligible for the award enroll; if this level is not reached, Stryker has the option to walk away from the proposed settlement. In addition to the primary details of the settlement, there are certain Stryker hip settlement miscellaneous issues addressed in the document such as:

 

·         Spouses of those injured by a Stryker Rejuvenate or ABGII who have filed a lawsuit against the company will be eligible for a one-time payment of $1,500. This amount will be paid in exchange for a release from the spouse.

·         The Broadspire program will remain in force for all claimants; current claims with Broadspire filed prior to November 3, 2014, will be paid under the program’s guidelines, and no offset for this payment will be applied to the Stryker hip settlement. Those who file Broadspire claims after November 3, 2014, will have their payments deducted from their Stryker hip settlement award.

·         The Stryker hip settlement monetary compensation must be offset by lien resolutions under which the plaintiff must repay public or private insurance companies for medical expenses incurred and paid as a result of the failure of the implant.

·         The amount paid to the plaintiff will be reduced by a pro-rata share for attorney’s fees and costs.

·         The registration date begins December 14th, 2014, and the enrollment date for the Stryker Master Settlement Agreement begins January 16, 2015.

·         If the participation rate requirements are reached, it is expected Stryker will begin funding the base award settlements by the end of June, 2015; enhanced award payments are expected to be funded during the last quarter of 2015 and the first quarter of 2016.

·         Lost wages incurred which exceed 20% of the annual income for the two years prior to the initial implant (less any amount received from Broadspire for wage compensation) will receive compensation up to the amount of $200,000.

 

Getting the Information You Need Regarding Your Stryker Hip Implant

Many patients developed symptoms of metallosis and metal poisoning associated with a recalled Stryker implant. A significant number of Stryker patients were forced to undergo risky, expensive revision surgery to have the device removed. The quality of life for many was totally altered due to a Stryker hip implant, and now Stryker is addressing at least some of those injuries. If you have suffered harm from a Stryker Rejuvenate or ABGII metal hip implant, you could benefit from speaking to a Stryker attorney who is knowledgeable regarding the current proposed Stryker Master Settlement Agreement as well as the history of the Stryker recall. 

DISCLAIMER

The information provided above and in the Stryker Hip Settlement pages in this section is meant as a general guide, and is for informational purposes only. Each client’s case is unique, and the specific circumstances of any individual case can have significant bearing on the applicability of the Stryker Master Settlement Agreement.

In addition, Statutes of Limitations limit the amount of time that an individual has to file a lawsuit, and not only vary from state to state, but also vary by cause of action. Any person who believes they may have a viable cause of action is strongly encouraged to consult with an attorney not only about whether or not they may be eligible to take part in the current Stryker Hip Settlement but also about the statute of limitations for his or her case.

Attorney Andrew Sullo is licensed to practice law in Texas, and can prosecute cases that are part of a federal multi-district litigation. Andrew Sullo does not practice law in any other state, and is not certified by the Boards of Legal Specialization in any state. Not all states have board certifications. This information is not intended to solicit clients for matters outside of the State of Texas. Our firm is not accepting cases in any state where it would be impermissible for it to do so. Sullo & Sullo, LLP maintains its principal office in Houston, Texas.

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