February 08, 2015 - Stryker Hip Implant Recipients take note! A 1.4 billion dollar Stryker Hip Settlement Agreement has been reached in Stryker Corporation's Multi-District Litigation over its Stryker Rejuvenate and Stryker ABGII metal hip implants. You may be entitled to monetary compensation if you were implanted with a Stryker Rejuvenate or Stryker ABGII metal hip implant.
Perhaps you are a victim of the Stryker ABGII and Rejuvenate recall, which occurred in July, 2012. If so, you may have experienced symptoms of metallosis, metal toxicity or you may have had to undergo revision surgery. Following the Stryker recall, more than 4,000 lawsuits were filed against Stryker. While a handful of these cases were settled for an undisclosed amount through mediation, the bulk of the cases are pending. Stryker, perhaps following the lead of Johnson & Johnson who settled thousands of DePuy ASR hip implant cases, has recently announced a Stryker hip Master Settlement Agreement. The agreement applies to those who have undergone revision surgery in order to remove their recalled ABGII or Rejuvenate, but does not address the adverse symptoms experienced by the remainder of the plaintiffs.
Am I Eligible?
Plaintiffs who have undergone a qualified Stryker revision surgery in which the femoral neck and stem were removed may be eligible for a base award of $300,000 under the settlement terms. Stryker has added a caveat to the settlement: if 95% of plaintiffs who qualify for the settlement do not opt in, Stryker has the option of withdrawing the agreement. To qualify for the settlement the patient must have received a Stryker ABGII or Rejuvenate hip device and must have undergone revision surgery more than six months after the initial implantation but prior to November 3, 2014. The revision surgery must have been due to tissue damage, an abnormal diagnostic scan or elevated cobalt levels and cannot have been only undergone due to a fall, infection or recurrent dislocation—although these issues may certain be factors.
Base Amounts, Reductions, Enhancements and Caps
Patients who have received bilateral revised implants will receive double the base amount, or $600,000. Patients whose ABGII or Rejuvenate device replaced a pre-existing hip implant will have 15% of the base amount deducted, and age deduction exist for those seventy and older. Even though Stryker has claimed that obesity, smoking or prior medical history contributed to the problems associated with the Rejuvenate and ABGII, these factors will not reduce the base amount of the settlement. Patients who die prior to the enrollment date of January 16, 2015—and were previously qualified for Stryker reduction surgery—will have the base amount reduced by 30%. Patients too ill to undergo revision surgery, even when their physician has recommended it, may be eligible for a one-time payment of $75,000.
There are further reduction factors as well as a number of enhancements some patients may qualify for. For instance, a foot drop diagnosis following revision surgery may entitle the patient to enhancements of $20,000 to $288,000, depending on how long the condition lasts and how severe it is. Likewise, patients suffering from stroke, heart attack or infection while hospitalized for Stryker revision surgery may qualify for enhancements from $66,000 to $600,000, depending on severity and other factors. Patients incurring lost wages which exceeded 20% of their annual income for two years prior to the initial implant may be entitled to up to $200,000. There are certain caps in place for infection related treatment. The settlement terms can be confusing, therefore it can be advantageous to speak to a skilled Stryker hip attorney to determine whether you are entitled to participate in this Stryker Master Settlement Agreement and, if so, how much you may be entitled to receive. Payments are expected to begin by the summer of 2015 for eligible recipients.