The Stryker Hip Lawsuit Center Announces a Settlement Offer For Thousands of Recalled Stryker Hip Victims

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Under the proposed settlement, Stryker would pay a base amount of $300,000, subject to reductions, to each eligible claimant who underwent revision surgery prior to Nov. 3, 2014 due to a recalled Rejuvenate or ABG II hip implant.

Stryker is finally paying for the misfortune so many people have endured because of its defective hip devices.

The Stryker Hip Lawsuit Center and other attorneys in the leadership of federal Stryker litigation announced Monday that a settlement proposal was reached for Stryker Rejuvenate and ABG II hip implant victims who underwent revision surgery on or before Nov. 2, 2014.

The settlement proposal in the cases (MDL Docket No. 13-2441 and Case No. 296 Master Docket No. BER-L-936-13) awards a base amount of $300,000 to each eligible claimant who has undergone revision surgery due to one of these recalled hip systems. There are potential reductions to the base award due to age, prior hip revisions or other factors. Certain claimants may also be eligible for additional compensation through an enhanced claim, to a maximum of $550,000 in total compensation.

“Actions speak louder than words,” said attorney Jeffrey Bowersox, a member of the plaintiffs’ steering committee for the litigation. “Stryker is finally paying for the misfortune so many people have endured because of its defective hip devices.”

Although participation is voluntary, it is expected that many of those who qualify will benefit from the settlement program. If fewer than 95% of qualified claimants do not elect to participate in the settlement, Stryker has the option to opt out of the settlement. Decisions should be made on an individual, case-by-case basis.

Attorney Richard Schlueter, who also served on the plaintiffs’ steering committee, called the settlement “a step in the right direction” in resolving a matter that has impacted so many people.

“They acknowledge that they have a problem with regards to their product,” he said. “It’s a first step in addressing a problem that has affected more than 20,000 patients. Only time will tell the total number of effected patients.”

THE DETAILS

The settlement program applies to patients who are U.S. citizens and residents who had either an ABG II Modular Neck System or a Rejuvenate Modular Neck System implanted in the U.S., and who had a qualified surgery to remove and replace the recalled device on or before Nov. 2, 2014. The settlement program is also open to certain patients who have been deemed to be too sick or medically unstable to undergo a necessary revision surgery.

Attorneys representing those interested in participating in the Stryker hip implant settlement will have to register their clients in the program by Dec. 14, 2014. Qualified claimants who would like to participate must enroll by March 2, 2015.

Based on the timing of the deadlines in the proposed settlement, it is unlikely that any settlement payments will be made prior to late summer or early fall 2015. ABC News reported that Stryker expects to pay a minimum of $1.43 billion in total.

For patients who are not eligible for the settlement program, Stryker’s existing program for reimbursement of eligible out-of-pocket costs, administered by Broadspire, remains available. The decision to undergo a revision surgery is a medical decision, not a legal decision, and should be made only by patients in consultation with their surgeons.

If you were implanted with a recalled Stryker Rejuvenate or ABG II hip implant product but are not eligible for the settlement program, all of your legal rights and claims are preserved and you will not be affected so long as you have filed a legal claim in court.

ABOUT THE STRYKER HIP LAWSUIT CENTER

The Stryker Hip Lawsuit Center is not a law firm; we are a network of attorneys nationwide who have served leadership roles in the multidistrict litigation in federal court against Stryker. The attorneys who work with us have been involved in various hip implant litigations, including DePuy ASR/Pinnacle, Zimmer Durom Cups, Biomet M2a Magnum and Wright Conserve Plus, among many others.

Visit our site at strykerlawsuits.org to learn more. Time is limited. Get help today. Call 1(800) 836-8531 or fill out the form on our website.

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Genevieve Zimmerman

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