August 25, 2015 - Patients who suffered serious injury as a result of a Stryker Rejuvenate or ABGII hip implant may be aware of the Stryker hip settlement agreement announced in November 2014. The Stryker hip settlement agreement was established as a means of ensuring each injured patient would receive a share of the more than $1 billion set aside for compensation under the program. The Stryker hip settlement agreement is available only to those who received a Stryker ABGII or a Stryker Rejuvenate, then were forced to undergo hip revision surgery in order to remove the recalled device. As of June 12, 2015, the required 95 percent of eligible patients had enrolled in the program, meaning the program could then move forward with compensation.
The settlement agreement was in response to the recall of Stryker’s Rejuvenate and ABGII metal hip implants in July 2012. The recall was due to an extremely high failure rate as well as other risks associated with the devices. Following the recall, thousands of patients filed Stryker hip lawsuits after developing Stryker hip metallosis symptoms. These patients were entitled to Stryker hip monetary compensation for their injuries, and Stryker offered not only a base award of $300,000 per failed hip implant, but certain Stryker hip settlement enhancements which would add to the base award as well.
One specific enhancement is available for those with Stryker hip abductor muscle injuries. Patients may be eligible for this particular enhancement if they suffered severe hip muscle abductor damage during the revision surgery, which then required repair. In order to qualify for the Stryker hip settlement enhancements related to Stryker hip abductor muscle injuries, the following must be applicable to your particular situation:
· You must be a qualified claimant under the rules of the Stryker hip settlement agreement;
· You must have undergone Stryker revision surgery after your Rejuvenate or ABGII failed or led to serious symptom such as Stryker hip metallosis;
· During your Stryker revision surgery, you must have suffered damage to your hip abductor muscles which was subsequently repaired;
· You must have objective, documented evidence of damage to your hip abductor muscle complex;
· That documented evidence must be related to the reasons underlying the voluntary Stryker recall;
· The enhancement excludes mere debridement of necrotic tissue;
· The damage to the hip abductor muscles must be sufficient to require surgical repair, and
· The maximum number of enhancements under the Stryker hip settlement program is two per hip in which a recalled Rejuvenate or ABGII has been removed.
Determining enhancements under the Stryker hip settlement agreement can be extremely complex, involving a detailed examination of medical records as well as a complete understanding of the entire agreement. Your specific abductor muscle injuries must be accurately described in the settlement paperwork in order to potentially receive this particular Stryker hip monetary compensation/enhancement. A well-qualified Stryker Hip Lawyer should know how to properly pursue specific Stryker hip settlement enhancements for hip abductor muscle injuries, so that you have the best chance of procuring this benefit as part of your settlement compensation.