Breaking News: $1.4 Billion Stryker Hip Settlement
A global settlement was announced that will help thousands of individuals who have had complications involving their defective Stryker Rejuvenate and ABG II Hip replacements. The settlement, one of the largest of its kind, will have an unlimited fund to compensate patients for their damages, and will potentially provide in excess of one billion dollars in restitution to injured individuals throughout the United States.
Call us today at 1.800.887.8029 to see if you qualify for this settlement. We will walk you through the settlement process, discuss the potential ranges of compensation you may recover, and answer questions.
Charles Zimmerman, founding partner at Zimmerman Reed and member of the Stryker Lead Counsel Committee, talks to the Star Tribune about the Stryker hip settlement – read the article.
Stryker Hip Settlement FAQ’s
Who is eligible under the settlement?
The settlement program applies to patients who are U.S. citizens and residents who had either a Stryker Rejuvenate or ABG II implanted in their bodies and had to have a subsequent surgery to remove and replace the recalled device on or before November 2, 2014. The settlement program is also open to certain patients who may have been deemed to be too sick or medically unstable to undergo a necessary revision surgery.
What if I have a Stryker device but don’t meet all three qualifications?
For those who are not eligible for the settlement program, all of their legal rights and claims are preserved and will not be affected by the settlement program. We will be glad to explain your options moving forward if you fall in this category.
Are there deadlines to participate in the settlement?
There is a registration deadline of December 14, 2014 to participate in the settlement.
Is there a base award for those who participate in this settlement?
The settlement proposal includes a base award amount of $300,000 to each claimant who has undergone revision surgery on or before November 2, 2014. There are potential reductions to the base award for age, prior hip revisions, and other relevant factors. In addition, there will be a process in place that may increase the award based on certain procedures or complications as a result of the revision surgery, referred to as “Enhancements” in the Settlement Agreement. Eligibility for the base award and any “Enhancement” will be determined at separate times. In addition, there will be reasonable caps on the “Enhancements” a claimant can receive. Finally, there may be future “Enhancements” a claimant is entitled to if the claimant has further procedures involving their Stryker hip implant within two years of the last surgical procedure.
More detailed information on the settlement can be found online at:
Will my award be reduced for coverage I received from my insurance company?
As you may be aware, there is a feature of law called “subrogation.” Under various state laws, when an individual receives compensation for injuries that required medical care, either through trial or a settlement, the entity that paid those medical expenses may have a right under law to be reimbursed for certain expenses they paid. In other words, under the law, you may be responsible to reimburse Medicare, Medicaid, other government entities or even your private health insurance provider for money paid by those entities on your behalf relating to the injury you suffered as a result of your Stryker hip implant.
Your individual settlement award may be reduced if a private health insurance company, Medicare or other governmental agencies, including state run Medicaid programs, have paid for the treatment of your claimed injury.
Stryker Hip MDL and Lawsuit
Zimmerman Reed filed the first motion to the Judicial Panel on Multidistrict Litigation (JPML) to consolidate all Stryker Rejuvenate and ABG II hip claims to a single federal judge in Minnesota. On June 12, 2013, the JPML granted Zimmerman Reed’s motion and transferred all 41 Stryker Rejuvenate and ABG II hip replacement lawsuits initially filed in federal court and any future federal claims to Judge Donovan Frank who is presiding over the Multidistrict Litigation (MDL). Read the Transfer Order. Judge Frank appointed Charles Zimmerman as one of the lead attorneys assigned to represent Stryker plaintiffs across the nation in the MDL.
Consolidated MDL proceedings like the one set-up for the Stryker Rejuvenate and ABG II hip replacement lawsuit are formed so that multiple, complex cases that share similar facts proceed together to eliminate duplicating efforts and conserve resources for the parties, their counsel and the court.
About the Stryker Recall Lawsuit
The Stryker Rejuvenate Modular Hip System and ABG II System, which use ceramic components, were meant as alternatives to the metal-on-metal hip replacement systems. Stryker marketed the devices to younger patients as a modular hip replacement, meaning the components were custom-made to fit patients better, which was supposed to result in longer-lasting hip replacement devices that offered a better range of motion.
According to reports, Stryker hip replacement systems are linked to high early failure rate, resulting in some patients having early revision surgery to replace their hip replacement device. As a result, Stryker recalled the Rejuvenate and ABG II modular-neck stems on July 6, 2012. The hip replacement devices may also be linked to an increased risk of metallosis. Metallosis occurs when metallic fragments build up in the soft tissues that surround the artificial hip increasing the cobalt-chromium metal toxicity in the patients’ blood, tissue and organs.
Patients Have Experienced The Following
- Fretting (wear) and/or corrosion at the modular-neck junction possibly leading to osteolysis (bone dissolution)
- Joint loosening/dislocation
- Excessive metal debris leading to metal ion generation
- Inflammation of tissues leading to metallosis, necrosis (death of tissues) and/or pain
- Hypersensitivity/allergic response
- Broken devices
- Adverse Local Tissue Reaction (ALTR)
Any of the symptoms above may indicate that revision surgery is required.
Stryker Recalled Hip Implants
- Rejuvenate Modular Hip System
- ABG II modular-neck hip stem