Stryker Hip Settlement Program Announced Involving Recalled Rejuvenate and ABG II Modular-Neck Hip Stems, Bernstein Liebhard LLP Reports
New York, New York (PRWEB) November 04, 2014 -- A global settlement agreement has been reached that could resolve thousands of Stryker hip lawsuits (http://www.consumerinjurylawyers.com/stryker-rejuvenate/stryker-hip-lawsuits/) involving recalled Rejuvenate and ABG II Modular-Neck Hip Stems, Bernstein Liebhard LLP reports. Court records indicate that the agreement was announced on November 3rd by New Jersey Superior Court Judge Brian R. Martinotti. Judge Martinotti is overseeing a multicounty litigation currently underway in Bergen County Superior Court that includes more than 2,100 claims filed on behalf of individuals who allegedly suffered serious complications related to Rejuvenate and ABG II hip stems. (In Re Stryker Rejuvenate Hip Stem and the ABG II Modular Hip Stem Litigation, No. 296)
According to court documents, the Stryker settlement agreement was finalized after four months of negotiations before retired U.S. Magistrate Judge Diane Welsh, Stryker and plaintiffs' counsel appointed by Judge Martinotti. Counsel from the parallel federal Multi-District Litigation proceedings underway in U.S. District Court, District of Minnesota subsequently joined the negotiations and are signatories to the Agreement ( In re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, No. 244).
“Our Firm is representing numerous Stryker hip lawsuit clients who may be eligible to participate in the Stryker hip settlement program and we are very pleased to see these cases moving toward such a swift resolution. We, along with several other firms involved in the litigation, were fortunate to have been a part of the bellwether mediation process that precipitated negotiation of this global settlement,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. Felecia L. Stern, a partner with Bernstein Liebhard LLP, has been serving on the Law and Briefing Committee for the New Jersey Litigation.
Stryker Hip Recall Settlement
According to court documents, those eligible to participate in the Stryker hip settlement program include patients who had surgery to replace their Rejuvenate or ABG II hip stem for a recall related reason prior to November 3, 2014. The settlement provides for gross base awards of $300,000 per failed implant, with potential deductions and enhancements based on the particulars of each case, including additional compensation for claimants who suffered complications during revision surgery and for other damages, including future surgeries caused by complications. The settlement also provides compensation for individuals who need a revision but are medically unable to undergo the surgery. Claimants may begin receiving their awards by the summer of 2015.
There is no overall cap or fixed fund for Stryker’s liability under this settlement program. According to the Associated Press, Stryker has disclosed that it will pay at least $1.43 billion to fulfill the terms of the agreement.*
Further information about the agreement can be obtained at Stryker's official settlement website: http://www.strykermodularhipsettlement.com. Additional details, as well as a copy of the full settlement agreement, can be found at the website maintained by the Plaintiffs’ Steering Committee for the New Jersey litigation: http://RejuvenateHipSettlement.com.
Stryker announced a worldwide recall for Rejuvenate and ABG II hip stems in July 2012, after the metal components were found to be vulnerable to fretting and corrosion at the modular-neck junction. According to Stryker, this may place recipients of the implants at risk for adverse local tissue reactions, pain and swelling. The company has recommended that all patients fitted with one of these devices undergo medical testing and imaging screening to ensure their implant is performing as intended, even if they have not experienced any symptoms that would suggest otherwise.**
Since the Stryker hip recall was announced, court records show that thousands of Rejuvenate and ABG II recipients have filed lawsuits in U.S. courts alleging the hip stems were defective and were prone to corrosion inside patients’ bodies. The lawsuits further allege that the Stryker hip components caused patients to suffer chronic pain, metallosis, osteolysis, tissue necrosis, and other complications that resulted in premature failure of their hip implant.
Individuals who experienced pain, dislocations, metallosis, early failure of their hip, or other complications allegedly related to the Stryker hip recall may be entitled to compensation for their medical bills, lost wages, pain and suffering and more. To learn more, please visit Bernstein Liebhard LLP’s website. To arrange for a free case review, please call 800-511-5092.
*abcnews.go.com/Business/wireStory/stryker-pay-143b-settle-hip-implant-cases-26664666, Associated Press, November 3, 2014
**http://literature.ortho.stryker.com/files/REJUV_COM_23.pdf. Stryker
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. The Firm has been named by The National Law Journal to the Plaintiffs’ Hot List, recognizing the top plaintiffs firms in the country, for the past 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.
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Felecia L. Stern, Esq.
Bernstein Liebhard LLP
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Felecia L. Stern, Bernstein Liebhard LLP, http://www.consumerinjurylawyers.com/, +1 800-511-5092, [email protected]
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