The Stryker Hip Master Settlement Agreement: Eligibility

Am I Eligible to Participate in the Stryker Hip Settlement?

Consumers who have suffered injury due to a recalled Stryker ABGII or Rejuvenate metal hip implant may be eligible to participate in a recently announced Stryker Hip Master Settlement Agreement. This Stryker hip settlement addresses those patients who were implanted with a recalled Stryker ABGII or Rejuvenate, then had the implant removed for reasons related to the recall. The Stryker hip settlement monetary compensation will be comprised of a base payment amount plus additional payments for patients who suffered specific complications due to the failure of the device.

Not all patients will qualify for these enhanced payments, and at this time, the Stryker hip settlement does not include Stryker patients who have not undergone revision surgery to have the recalled device removed—with one exception.  If a patient’s doctor recommended revision surgery, but the patient was medically unable to undergo the surgery, then the patient may participate in the settlement.

There is also a provision regarding Stryker hip settlement eligibility which states that Stryker will continue paying for complications directly related to a patient’s revision surgery for a period of two years. This is a virtually unprecedented provision which allows eligible patients who may be required to undergo subsequent medical procedures to have those procedures paid for under the Stryker hip settlement.

 

Differences Associated With the Stryker Master Settlement Agreement

The Stryker Master Settlement Agreement differs significantly from most mass tort settlements, including the relatively recent DePuy ASR metal hip settlement. The difference lies in the fact that the proposed Stryker hip settlement is not a fixed fund settlement, rather it individually measures each claimant’s level of injury and the surrounding circumstances. There will be no reductions in the awards claimants are entitled to, due to a fixed settlement amount, which can be beneficial to Stryker patients who suffered substantial harm from a Stryker ABGII or Rejuvenate metal hip implant. The Stryker Master Settlement Agreement requires 95% of eligible plaintiffs to enroll, or Stryker has the option of walking away from the proposed settlement.

 

Stryker Hip Settlement Eligibility

In short, those eligible for this Stryker hip settlement must have been implanted with a Stryker Rejuvenate or ABGII metal hip implant and must also have undergone a qualified revision surgery, defined as:

  • The femoral stem and neck of the Rejuvenate or ABGII must have been removed more than 180 days after implantation but prior to November 3, 2014;
  • The patient must have undergone revision surgery in the United States or in a U.S. military hospital;
  • The revision surgery must have been due to device failure such as elevated cobalt levels, abnormal diagnostic scans or findings of tissue damage;
  • The revision surgery must not have been due solely to trauma, infection or recurrent dislocation, and
  • The device must not have been removed only because it broke.

If you feel you meet the Stryker hip settlement eligibility criteria, it can be beneficial for you to speak to a knowledgeable Stryker hip attorney.

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