December 30, 2014 - After receiving FDA approval in 2008 and 2009, Stryker began actively marketing the ABGII and the Rejuvenate in early 2010, particularly to younger, more active patients. The claims at that time were that because the design implemented a ceramic rather than a metal ball, the devices would be much safer than other metal-on-metal hip implants. As evidenced by the recall just a short two and a half years later (July, 2012), these claims turned out to be less-than true. In fact, many believe the recalled Stryker ABGII and Rejuvenate devices are every bit as dangerous as the recalled DePuy ASR metal-on-metal hip implant.
While the design does have a ceramic ball, it was later found that corrosion and fretting could occur at the neck/stem junction as well as underneath the four small metal trunnions located on either end of the neck component. At the time of the Stryker hip recall, Stryker noted a higher-than-normal likelihood of implant failure as well as fretting and corrosion leading to the excess release of cobalt and chromium ions into the body. After over 4,000 lawsuits were filed against Stryker, the company recently released a Stryker hip settlement agreement which would primarily benefit those who have undergone revision surgery due to a defective or dangerous Stryker ABGII or Rejuvenate.
The Basics of the Stryker Hip Master Settlement Agreement
The patients who will benefit from the Stryker Hip Master Settlement Agreement are those who have undergone a qualified revision surgery of the hip stem and neck. The company is, at this juncture, declining to negotiate with those who have not yet undergone revision surgery, even though these patients may have suffered significant levels of harm from their ABGII or Rejuvenate hip implant. The exception to this are for patients whose doctors have advised them to undergo revision surgery but who—for medical reasons—may be unable to do so. These patients are being offered a one-time settlement in the amount of $75,000.
Patients who have undergone Stryker revision surgery will be awarded a base amount of $300,000, subject to enhancements, reductions and caps. Keep in mind that Stryker plaintiffs can opt in or out of the Stryker Master Settlement Agreement, but if less than 95% of those eligible plaintiffs opt in, Stryker may withdraw the settlement offer for all plaintiffs. As an example of potential reductions in the base amount, age can factor into the final settlement. Those who are seventy years of age or older will be subject to a 5% reduction, those seventy-five and older will be subject to a 10% reduction, those eighty and older will be subject to a 15% reduction, and, finally, those patients who are eighty-five years or older will see a 20% reduction in the base amount of their Stryker award. Patients who met the criteria for a settlement, but passed away prior to the January 16, 2015 enrollment date will have their $300,000 reduced by 30%.
Stryker Hip Settlement Enhancements
Patients who qualify for the base amount of $300,000 may also qualify for certain enhancements. While there are a number of enhancements available, examples include:
· Those who die during hospitalization for a surgical procedure related to the failure of a Stryker ABGII or Rejuvenate are eligible for enhancements from $100,000 to $600,000, depending on age, number of dependents and certain other factors.
· Patients suffering a stroke during hospitalization for revision surgery could be eligible for enhancements from $85,000 to $516,000.
· Those suffering a heart attack during hospitalization for revision surgery could be entitled to enhancements from $66,000 to $360,000, depending on age and severity of the heart attack.
To determine which enhancements, reductions or caps you could be subject to under the Stryker Hip Master Settlement Agreement, it can be extremely beneficial to speak to a knowledgeable Stryker hip attorney as soon as possible, as the deadline is growing near.