February 19, 2015 - Like Johnson & Johnson and DePuy, Stryker has recently proposed a Stryker hip Master Settlement Agreement for all those who have undergone Stryker revision surgery. While this settlement will not cover all of the more than 4,000 current plaintiffs, it will offer settlements to all those Stryker patients who have had their Stryker Rejuvenate or ABGII femoral neck and stem removed in a qualified revision surgery performed in the U.S. or a U.S. military hospital. Patients must have had their implant for at least 181 days and have had their revision surgery before November 3, 2014. These qualified Stryker patients may be entitled to a base amount of $300,000 plus certain enhancements for some. These enhancements include:
· Patients who suffered infection related to revision surgery could be eligible for $30,000 to $75,000 in enhancements;
· Patients who suffered foot drop following revision or re-revision surgery could be eligible for enhancements of $20,000 to $288,000 based on the patient’s age and the severity of the foot drop;
· Patients undergoing a hip dislocation following Stryker revision surgery could be eligible for $25,000 to $75,000 in enhancements;
· Patients whose infection was severe enough to confine them to a nursing facility following revision surgery could be eligible for $15,000 to $60,000 in enhancements, depending on the amount of time spent in the facility;
· Destruction to the abductors, caused by metallosis which requires mending or reattachment can make the patient eligible for $75,000 in enhancements;
· Patients whose replacement implant following Stryker revision surgery was removed due to infection or loosening, could be eligible for up to $175,000 in enhancements;
· If a patient suffered a stroke during hospitalization for revision surgery, the patient could be eligible for $85,000 to $516,000 in enhancements depending on the severity and the patient’s age;
· Patients undergoing IV antibiotic treatment lasting six weeks or longer related to the Stryker revision surgery may be eligible for $10,000 in enhancements;
· A pulmonary embolism suffered by an eligible patient during hospitalization for revision surgery could be entitled to $20,000-$35,000 in enhancements;
· Patients who die during hospitalization for any surgery related to the failure of the Stryker device could be eligible for $100,000 to $600,000 in enhancements according to the number of dependents and the age of the patient, and
· Patients who suffer a heart attack while in the hospital for Stryker revision surgery could be eligible for $66,000-$360,000 in enhancements.
Certain other enhancements exist for those who were required to undergo additional surgical procedures due to the Stryker revision surgery as well as those who experienced issues during revision surgery which required cabling of the implant. If no infection-related treatments were necessary, patients will have a cap of $450,000 in enhancements plus the base payment of $300,000. Patients who do experience infection-related treatments following revision surgery are subject to a cap of $550,000 in enhancements or a total of $850,000 when added to the base payment.
If you are one of the many Stryker patients who underwent revision surgery for your recalled ABGII or Rejuvenate, it can be beneficial to speak to a knowledgeable Stryker hip attorney. The time for opting in to the Stryker Master Settlement Agreement is growing short, and an experienced attorney can help to ensure your rights are fully protected.