March 10, 2015 - Are you one of the thousands of patients harmed by a Stryker Rejuvenate or ABGII hip implant device? From the time the two implants were released in early 2010 until the recall in July, 2012, more than 20,000 of the devices were sold. Since the time of the recall, more than 4,000 patients who were harmed by a Stryker device filed suit against the company. Just like Johnson & Johnson and DePuy, who settled over 8,000 of the more than 11,000 DePuy ASR metal hip cases, Stryker recently announced a proposed Stryker Master Settlement Agreement. This agreement only applies to those patients who were forced to undergo a Stryker hip revision surgery in order to have the recalled Stryker device removed.
Those who qualify under the Master Settlement Agreement will receive a base award of $300,000, subject to certain reductions, enhancements and caps. Under the agreement, the spouses of qualified patients would receive a payment of $1,500 in return for a signed release. Patients who were advised to undergo hip revision surgery but were unable to do so based on their health, will receive a one-time payment of $75,000. All claimants must meet specific criteria to qualify for the settlement and at least 95% of all eligible patients must agree to opt in, or Stryker can withdraw the agreement. There are a number of factors involved in the settlement, however if you have not undergone revision surgery you may wonder whether you will be “left out in the cold.”
Information for Unrevised Claimants
As stated, the Stryker hip Master Settlement Agreement does not cover patients injured by a Stryker Rejuvenate or ABGII who have not undergone revision surgery to have the defective implant removed. If you have not undergone revision surgery, but you do have a revision surgery scheduled after the deadline date of November 3, 2014, you may still be eligible to participate in the settlement agreement. While there is no guarantee Stryker will include your case in the settlement agreement, they may choose to do so.
If you have a current lawsuit pending against Stryker, you have not undergone revision surgery and have no plans to do so, your case will remain pending until November 3, 2015. At this time, your case will be dismissed without prejudice. From that point, applicable statutes of limitations will be tolled from five years of the date of your original implantation or until June 30, 2017—whichever comes first. Those patients who do not currently have a case against Stryker and have not undergone revision surgery may not be able to have a case filed on their behalf until injuries associated with the recalled Stryker ABGII or Rejuvenate become apparent.
If you have not undergone revision surgery you should continue to see your doctor regularly, having tests for abnormal levels of cobalt and chromium every three months as well as x-rays, MRIs and aspiration as recommended by your physician. If you are an unrevised claimant, you may still have a valid claim against Stryker, and it could be beneficial to speak to a skilled Stryker lawyer who can assess your case and determine your best course of action.