Friday, November 6, 2015

What Factors Increase the Amount I Can Receive Under the Stryker Hip Settlement?

November 07, 2015 - If you are a patient with a recalled Stryker Rejuvenate or ABGII, who underwent revision surgery due to injury associated with one of the devices, you may have already enrolled in the Stryker Hip Settlement Agreement which was announced in November, 2014. Many patients who were implanted with a Stryker Rejuvenate or Stryker ABGII, developed symptoms of Stryker hip metallosis and Stryker cobalt and chromium poisoning or had their Stryker hip device fail entirely. Stryker initiated a voluntary recall of the Rejuvenate and ABGII in July of 2012, and soon after patients began filing Stryker hip lawsuits.

 

When a high number of lawsuits were filed, the company made the decision to offer a Stryker Hip Settlement Agreement to all plaintiffs who had undergone Stryker hip revision surgery prior to a specific date. The Stryker Hip Settlement Agreement offered a base award of $300,000 for eligible claimants subject to certain reductions and enhancements. Additional payments are available to eligible patients who experienced covered events related to their revision surgery. Enrollment in the Enhancements Benefit Program is set to begin on July 15, 2015. A separate Enhancements Benefit Program application must be filled out, accompanied by all required supporting documentation.  Some of the potential Stryker hip settlement enhancements include the following:

 

·         Patients who underwent re-revision surgery may qualify for $175,000 for the first re-revision surgical procedure and $100,000 for subsequent re-revision surgeries.

·         Patients whose surgeon was forced to cut the femur in order to get the Stryker stem out, then put wires in place to hold the bone together (a controlled osteotomy) could be eligible to receive an additional $75,000 above the base award.

·         A femur fracture which is not “controlled” could make the patient eligible for $100,000 in enhancements.

·         Patients who suffer dislocation following a revision or re-revision could qualify for an amount from $25,000 to $75,000.

·         If a patient suffered from any of the following within nine months of any surgical procedure related to Stryker hip device failure, that patient could be eligible for the following:

a.       Infection-related surgeries—from $30,000-$175,000

b.      Antibiotic treatment lasting six weeks or longer--$10,000

c.       Placement or continuous use of a wound vacuum--$10,000

d.      Being confined to a nursing facility for more than 15 days due to infection--$15,000 (up to $60,000, depending on the length of confinement)

e.       Foot drop diagnosed after a revision or re-revision surgical procedure—longer than 90 days but less than a year, $20,000. Foot drop lasting longer than 365 days--$34,000 to $288,000, depending on the severity of the foot drop and the age of the patient.

f.       Pulmonary thrombosis—from $20,000-$35,000.

g.      Heart attack or stroke—between $66,000 and $600,000, depending on the severity, the patient’s age and the number of dependents if the patient dies.

 

It is important that you speak to a qualified Stryker hip lawyer regarding your rights under the Stryker Hip Settlement Agreement. You may be entitled to Stryker hip monetary compensation under the terms of the agreement, however there are specific time deadlines you need to be aware of.

 

 

 

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