January 14, 2015 - If you are the recipient of a Stryker ABGII or Rejuvenate hip implant, you may have heard about the proposed Stryker Hip Master Settlement Agreement. Following the Stryker hip recall of the Rejuvenate and ABGII in July, 2012, more than 4,000 patients who suffered harm from one of the devices filed suit against Stryker. The Stryker devices were only on the market for about two and a half years before the recall was issued. At the time the Rejuvenate and ABGII were released—in early 2010—Stryker claimed the innovative design would not only last longer and be more appropriate for younger more active patients, but would also be much safer than other metal-on-metal hip implants.
How the Stryker ABGII and Rejuvenate Differed From Other Models
This was due to the fact that Stryker used a ceramic, rather than a metal, ball. It was believed this one change would ensure there was not the same level of metal ion debris released into the body. Unfortunately, it was later found that the metal neck/stem junction of the implant device was subject to fretting and corrosion, and the release of cobalt and chromium ions into the surrounding hip tissues and bloodstream. Further, the Stryker Rejuvenate and ABGII implemented tiny metal trunnions located on either end of the neck component, which can trap body fluids, leading to further corrosion and metal ion release. Earlier, DePuy and Johnson & Johnson settled some 8,000 DePuy ASR metal hip cases from the more than 11,000 filed, and it was believed by many that Stryker would follow suit.
The Stryker Master Settlement Agreement
Sure enough, in November, 2014, the Stryker Hip Master Settlement Agreement was offered to all those patients who have undergone Stryker hip revision surgery. Only the patients who have undergone a qualified Stryker hip revision surgery which was performed in the United States or a U.S. military hospital are entitled to compensation under this agreement. The patient must have had revision surgery at least six months after initial implantation, but before November 3, 2014. Patients who qualify would receive a base payment in the amount of $300,000, with additional enhancements, reductions and caps as dictated by the individual circumstances of each patient.
Important Dates for Those Who Qualify for the Settlement Agreement
Plaintiffs who have not undergone revision surgery have other options which are detailed in the agreement, and those patients who have revision surgery scheduled after November 3, 2014, may be eligible for an extension. At least 95% of all those who qualify for the settlement must agree to opt-in, or Stryker has the option of withdrawing the agreement. Some of the dates to be aware of, include the following:
· The registration date begins December 14th, 2014.
· The enrollment date for the Stryker Master Settlement Agreement begins January 16, 2015.
· Patients who have not undergone revision surgery will have their case dismissed without prejudice on November 3, 2015.
· If the participation rates qualify, Stryker is expected to begin funding base award settlements by the end of June, 2015.
· The enhanced award payments are expected to be funded during the last quarter of 2015 and the first quarter of 2016.