Patients affected due to complications related to Stryker’s Rejuvenate Modular Hip Stem and ABG II Modular-Neck Hip Stem may now be able to receive out of court settlements. After numerous lawsuits were filed in 2012 following Stryker’s recall of the device, several bellwether cases would provide the framework for how additional cases would be handled. In 2013 it was announced that several other manufacturers of defective hip replacements had begun to settle out of court with those affected by their products and Stryker has followed suit by settling its first round of cases by August of 2014.
Court Ordered Mediation
In December of 2013, the New Jersey Superior Court in Bergen County ordered Stryker to undergo mediation with the plaintiffs involved in the MCL (multi-county litigation) it is presiding over. Of the twenty-one cases that have entered mediation, nineteen were settled, giving hope to future patients that Stryker may be willing to settle in order to avoid the drawn out process of taking the cases to trial. The information available about the terms agreed to by Stryker and the plaintiffs who settled is limited and the amount of compensation provided has not been disclosed.
Impact on Future Stryker Rejuvenate Cases
The news of Stryker’s out of court settlements to date is encouraging but it is not clear yet how these settlements will impact future cases or their value. The plaintiffs who agreed to settlements did not claim additional injuries, lost wages or pain and suffering, which makes it impossible to establish a precedent based on these settlements for cases that involved more severe complications and damages. Most of the other lawsuits being grouped together as a federal MDL (multi-district litigation) that is being heard by the US District Court of Minnesota. Multi-county and multi-district litigation allows similar cases to be heard in one court and for judgments and settlements to be determined for multiple cases simultaneously.
How to Approach a Settlement Offer
It is strongly advised that anyone who has a claim against Stryker first seek the representation of an experienced hip replacement lawyer before entertaining any settlement offers. Initial offers may not be in the best interest of the victim and a qualified attorney will be able to review and counter any offers that fail to provide you with the compensation you are entitled to. Stryker’s recent settlements are a sign that the company may be willing to settle out of court to avoid a drawn out legal battle that it will lose, but it will seek ways to reduce its financial loss in the process.
If you have been the recipient of a defective hip replacement and suffered injuries or complications that required additional medical care or resulted in undue pain and suffering, contact us today to speak with an attorney for free about your case. During our free consultations, we will take the time to review every detail of your case and answer any questions or concerns that you may have about the process of litigation and what you can expect from a trial or settlement. Our services are guaranteed, so we will never require payment unless we are able to collect damages on your behalf.