June 26, 2015 - Following the proposed Stryker Hip Settlement Agreement announced in November, 2014, the Stryker hip settlement program has reached a milestone. The agreement required that at least 94% of all eligible patients enroll in the program, and, as of June 12, 2015, 95% had enrolled. These patients suffered injury such as Stryker hip metallosis or Stryker hip cobalt and chromium poisoning after being implanted with a Stryker ABGII or Rejuvenate. Stryker issued a voluntary recall of the ABGII and the Rejuvenate in July, 2012, due to a high failure rate and potential risks associated with the devices. Following the Stryker recall, thousands of patients filed a Stryker hip lawsuit against the manufacturer of the device which caused them significant injury.
Who is Eligible under the Stryker Hip Settlement Agreement?
Eligible patients—those who underwent Stryker hip revision surgery to replace their defective implant—became eligible for Stryker hip monetary compensation through the Stryker Hip Settlement Agreement. According to a Stryker press release, the Stryker Hip Settlement Agreement was established to compensate eligible U.S. patients who had surgery to replace a Rejuvenate or ABGII hip implant. Because the eligibility threshold has been met, the Claims Processor will begin notifying claimants and their attorneys regarding compensation. Qualified claimants will be given information regarding the timing and amount of their payment.
There are factors and circumstances associated with each Stryker hip monetary compensation claim. Stryker expects to begin making payments in July, 2015, with the bulk of the payments to qualified claimants being made by the fall of 2015. The Stryker Hip Settlement Agreement was established to ensure each injured patient would receive a share of the more than $1 billion compensation set aside for the program. To be clear, the Stryker Hip Settlement Agreement is only open to those individuals who underwent revision surgery, removing a Stryker ABGII or a Stryker Rejuvenate hip implant.
Patients Who Underwent Revision Surgery After November 3, 2014
It is expected that attorneys representing patients who had their recalled Stryker hip implant removed after the deadline date stated in the original Stryker Hip Settlement Agreement will press to have the same settlement terms extended to those patients. Patients who were physically unable to undergo a medically necessary revision surgery prior to November 3, 2014, could be eligible to receive a one-time benefit under the Covered Unrevised, Infirm Patient Program.
Enhancements and Deductions to Base Award
The original Stryker Hip Settlement Agreement set the enrollment date range between January 16, 2015 and April 17, 2015. It is expected that the Stryker hip monetary compensation most patients enrolled in the program will receive will be between $300,000 and $600,000, depending on the deductions and enhancements each patient may be eligible for. The base award is $200,000, however as an example, that amount would be reduced by five percent for patients between 70 and 74, ten percent for those between 75 and 79, and fifteen percent for those between 80 and 84 and twenty percent for patients older than 85. Patients who experienced serious complications during their revision surgery could receive significant enhancements to their base award.
If you believe you may be eligible for Stryker hip monetary compensation under the Stryker Hip Settlement Program it could be very beneficial to speak to a knowledgeable Stryker hip lawyer.