If you are one of the many people injured by a recalled Stryker Rejuvenate or ABGII hip implant device, then you know just how complex the lawsuits against Stryker really are. Unlike some product liability cases in which the manufacture of the product created a one-time flaw, the Stryker Rejuvenate and ABGII hip devices suffered design flaws. This means the way Stryker created and designed the hip implants was not only unsafe, but unreasonably dangerous, even though there was no flaw in the manufacturing process. This is an important distinction because it means every single Stryker Rejuvenate and ABGII hip implant device contained one or more defects which were responsible for consumer injuries.
The Importance of Defective Design Lawsuits
Successful defective design cases are extremely important as they can save many others from injury and death, thus benefiting society as a whole. You, however, are probably focused on one particular consumer—yourself—and rightly so. You agreed to be implanted with a device both you and your surgeon believed to be safe. When it turned out the device could be responsible for causing Stryker Rejuvenate hip metallosis, Stryker ABGII hip metallosis, Stryker metal poisoning, Stryker hip failure and the necessity for Stryker hip revision surgery, you may have felt very betrayed.
The Stryker Hip Settlement Agreement
More than two years after the Stryker recall, Stryker has proposed a settlement agreement for specific Stryker patients. Under the Stryker hip settlement agreement, Stryker will pay those who were forced to undergo Stryker hip revision surgery a base payment amount of $300,000, subject to certain deductions and enhancements. You may look at that figure and feel like you will end up with very little money after your attorney’s fees are deducted.
Looking at the Big Picture: Settlement Enhancements
It is important to look at the entire picture regarding your Stryker hip settlement amount. The Stryker hip settlement document is nearly one hundred pages long, detailing the many different enhancements you and others may be entitled to receive. The enhancements can potentially add half a million dollars or more to your total award. If you are unaware you are eligible for these enhancements, however, you will not ask for them and Stryker is certainly not going to remind you of what you are owed.
How You Could Lose Money by Being an Unrepresented Claimant
This means that if you represent yourself during the Stryker hip settlement you could potentially miss out on a considerable amount of money from the enhancement payments. Further, the Stryker hip settlement agreement states that unrepresented claimants will have their base award reduced by 29%. In other words, if you do not have an attorney working on your behalf, you immediately forfeit $87,000. When you factor in the amount you will lose by being an unrepresented claimant as well as the amount you could miss out on in enhancement pay, it simply makes sense to have an attorney negotiate your Stryker hip settlement agreement.
The Stryker hip monetary compensation you will receive while a Stryker hip attorney looks out for your rights and your future is likely to be significantly more than you will receive on your own. Unless you have an extensive legal background, as well as plenty of time to devote to this negotiation, you could end up missing crucial deadlines or submitting a claim packet without all the required information. Even if you file everything correctly and on time, you still risk missing out on enhancements you are entitled to. After weighing all the factors, it is much more advantageous for you to have an experienced Stryker hip lawyer representing your interests, and you will likely receive more money to help cover your medical expenses, lost wages and pain and suffering associated with your Stryker injuries.