The process of submitting the required forms and documents to the claims administrator is arduous and complex. An attorney facilitates this process on your behalf.
Nationwide (PRWEB) March 13, 2015
There are approximately 6,000 Stryker Rejuvenate and ABGII cases* pending around the country; most are in Minneapolis, Minnesota. Stryker made a global settlement offer to individuals who underwent revision surgery (replacing their Rejuvenate or ABGII hips) prior to November 3, 2014.
According to the official Stryker Modular Hip Settlement website, the Stryker Settlement deadline (i.e. the deadline to participate in the settlement) is extended until March 30, 2015. There are specific requirements to fulfill before the settlement deadline. There are numerous forms and documents (e.g. medical records) that must be submitted to the settlement claims administrator by this deadline. Attorneys at Kershaw|Talley are urging Stryker hip patients to act quickly. The law firm launched a website designed to aid individuals navigate the complexities of the Stryker Settlement. In addition, the website features the attorneys' answers to frequently asked questions.
Many individuals want to know why an attorney is necessary to settle the claim. The settlement agreement actually encourages individuals to hire an attorney. The process of submitting the required forms and documents to the claims administrator is arduous and complex. An attorney facilitates this process on the client's behalf. Under the terms of the settlement, if the claimant (a person making a claim) does not have an attorney, their settlement amount (i.e. compensation the claimant receives), is reduced by 32%. Most attorneys charge 33.3%. However, an attorney goes through the process of determining what the client is entitled to under the settlement. This can often be a complicated process involving medical records and interpreting the 96 page settlement agreement. Attorneys at Kershaw|Talley are responsible for putting together the settlement admission to the claims administrator, and insuring all the appropriate forms and documents are provided by the deadline. Failure to properly analyze the claim, or failure to submit the proper paperwork, can result in receiving less than the claimant is entitled to under the settlement agreement or a substantial delay in payment. Therefore, it is truly in the claimant's best interest to hire an experienced attorney to guide them through the process, and focus on their claim. Additionally, attorneys will negotiate and help resolve medical liens.
The settlement agreement is divided into two parts: the Base Award and the Enhanced Benefit Matrix. The Base Award is $300,000. However, this base award may then be adjusted downward for age and/or whether the original hip was put in to replace another hip. The Enhanced Benefit Matrix is the potential to receive additional compensation for specific damages (as outlined under the settlement agreement) resulting during revision surgery or after revision surgery. These damages are assigned a monetary value.
Timing of payment differentiates between the Base Award and the Enhanced Benefit Matrix. The Base Award will be distributed in late summer 2015 or early fall 2015. Individuals who submit all the appropriate paperwork will be paid within that time frame. Yet if the appropriate paperwork is not submitted, the claimant moves to the "end of the line." This significantly delays payment. Payment for the Enhanced Benefit is subsequently distributed in early 2016. This payment is also affected by how and when the forms are submitted.
The settlement agreement is not appropriate for everyone. Essentially, it is an offer and individuals are not required to take the settlement. If the claimant does not take the settlement, an option is continuing with their lawsuit, if they have one on file. Individuals need to file a lawsuit immediately if they do not have one on file. There are several Kershaw|Talley clients who are not taking the settlement. They allegedly have substantial damages not adequately compensated by the settlement. These individuals are supposedly suffering problems after revision surgery resulting in permanent injuries (e.g. chronic limps, lifelong pain medication). In this situation, the attorneys intend to pursue their cases and go to trial at a future date. According to partner Stuart Talley, "We evaluated each of our clients' cases to see if the proposed settlement works for them. It does not work for many clients. We fully intend to push these cases to trial, and expect verdicts in excess of what Stryker is currently offering in the agreement."
In addition to current clients, attorneys at Kershaw|Talley continue to assist individuals with concerns about their Stryker Rejuvenate or ABGII hip implants. Individuals can contact Stuart Talley or Bill Kershaw via confidential contact forms on the website or toll free at (888) 635-3970 for a no cost consultation. The attorneys will answer any questions regarding the Stryker Settlement and the upcoming deadline on March 30, 2015.
Kershaw|Talley is a Sacramento-based civil justice and personal injury law firm representing individuals nationwide in defective medical device and dangerous drug cases. The firm generates hundreds of millions of dollars in recoveries for their clients and in the classes they represent. Individuals impacted by Stryker’s hip systems are potentially entitled to compensation for wage loss, medical bills, and pain and suffering. For a free case evaluation, and more information about the status of the case, feel free to call Stuart Talley or Bill Kershaw directly at (888) 635-3970.
*In re: Stryker Rejuvenate Hip Stem and ABG II Modular Hip Stem Litigation, Case No. 296, Master Docket No. BER-L-936-13, venued in MCL Court and In re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, MDL Docket No. 13-2441, venued in the MDL court.