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On November 3, 2014, Superior Court Judge Brian R. Martinotti in Bergen County, New Jersey announced the execution of a global settlement agreement between Stryker Orthopedics and 3,000 patients who have already filed lawsuits after receiving defective Rejuvenate and AGBII modular hip implants. The settlement was announced following four months of negotiations between Stryker and lawyers representing the plaintiffs and is likely to set a precedent for the future. The total amount of payments to the plaintiffs is expected to exceed $1 billion once each individual claim is processed.
Basis of Hip Litigation
Patients receiving Rejuvenate and ABGII hip implants experienced complications arising from metal on metal components in the devices. Stryker was forced to announce a recall of the devices in July of 2012 when it was found that the defective implants were the cause of severe inflammation, necrosis, metalosis and the early failure of the devices due to erosion near the neck stem. By January of 2013, numerous lawsuits had been filed against Stryker for injuries caused by the products, resulting in litigation in both Federal and State Courts.
Compensation Owed Will Vary on Case by Case Basis
Each of the 3,000 patients with lawsuits on file at the time of the settlement will receive a base award of $300,000 if they have undergone a revision surgery to remove the defective device. For patients that have endured additional medical complications or who have had bi-lateral hip replacements, the award may increase substantially.
Unlike other mass tort settlements, the Stryker Rejuvenate settlement protocols attempt to address specific complications encountered by individuals and award compensation on very specific award schedule. Due to the lack of a cap or fixed fund for the settlement agreement; the total value of the settlement agreement remains unknown at the time. Learn more about the Master Settlement here.
For patients who do not have a lawsuit on file, the terms of the settlement state that these patients must enroll in the program by December 14, 2014.
Bellwether Mediation Process May Have Influenced Settlement
When suits were first brought against Stryker and designated as Multi-County litigation, they were assigned to Judge Martinotti, who proceeded to establish a unique process by which the first 21 cases were mediated. The settlement of the first 21 cases is believed to be the foundation for the four month long mediation process that finally resulted in this global settlement and could influence how cases are handled moving forward.
Having suffered injuries after receiving a Stryker hip replacement, it is important that the patient or injured party knows their rights and whether they are entitled to compensation. For more information, contact Rosenfeld Injury Lawyers or visit: strykerhipfaq.com today to arrange a free consultation with an attorney who has the knowledge and experience with these particular type of cases.
After evaluating and investigating the details of any case, the firm will be able to answer any questions about the legal process and how recent settlements and judgments may impact the value of the case in question. Rosenfeld injury attorneys work on a contingency basis, which means there will never be a required payment upfront for advice and services and payment will only be expected in the event of a settlement or collection of damages on behalf of an injured or affected patient.
Video can be viewed at: Stryker Hip Implant Recall Attorneys
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