Finer Points of the Stryker Hip Settlement: Lost Wages, Liens, Spousal Claimants

February 26, 2015 - Patients who were forced to undergo Stryker revision surgery as a result of adverse medical symptoms resulting from an ABGII or Rejuvenate hip device may be eligible to participate in the Stryker Hip Master Settlement Agreement. The settlement agreement requires that at least 95% of the plaintiffs who are eligible to participate, opt in to the agreement. Stryker has reserved the right to withdraw the agreement if that level of plaintiffs do not choose to participate. While more than 4,000 people who were harmed by a Stryker ABGII or Rejuvenate hip implant device have filed suit against Stryker, only those who have undergone Stryker revision surgery prior to November 3, 2014 (and at least six months after their initial implantation) are eligible under the current agreement.

Those who are eligible will receive a base payment of $300,000 minus certain reductions and with the addition of certain enhancements. As an example, the age of the plaintiff—seventy years old and above—can cause reductions from 5-20% of the base amount. Patients who experienced such issues as heart attack, stroke or infection may be eligible for enhancements ranging from $66,000-$600,000. There are quite a number of enhancements and reductions as well as specific caps, therefore having an experienced Stryker attorney to more fully explain the details of the settlement can be extremely helpful. The Stryker Master Settlement Agreement also contains certain other points such as:

·         The spouses of the patients who were injured by a Stryker Rejuvenate or ABGII, then underwent risky revision surgery, are eligible for $1,500 which will be paid to the spouse in exchange for a release.

·         Those patients who participated in the Broadspire program should know that this program remains in effect for all Stryker claimants. Any claims filed before November 3, 2014 with Broadspire will still be paid under the program’s guidelines. There will be no offset to the Stryker hip settlement for Broadspire claims paid before this date, however patients who file a Broadspire claim after November 3, 2014 will have those payments deducted from their Stryker settlement award.

·         Registration for the Stryker hip Master Settlement Agreement begins on December 14, 2014; actual enrollment into the agreement begins January 16, 2015.

·         Any amount you receive as a Stryker hip revision patient under the settlement agreement will be reduced by a pro-rata share of costs and attorney fees.

·         Any monetary compensation you receive under the settlement agreement will be offset by your payment to private or public insurance companies for medical expenses incurred due to Stryker implant failure.

·         Should the 95% participation rate be reached, Stryker expects to begin funding payments by June, 2015 with enhanced awards projected to be funded by the end of 2015.

·         Patients suffering certain complications after enrolling in the Stryker Master Settlement Agreement may be entitled to additional compensation for a period of two years.

·         To qualify for additional compensation, the plaintiff must experience the additional complications within two years of a surgery performed under general anesthesia and qualified enhancements occurring during 2016 will experience a 30% reduction.