Global Settlement of Pending Stryker Rejuvenate and ABG II Lawsuits
A global settlement has been achieved in the pending Stryker Rejuvenate and ABG II Modular hip stem lawsuits pending in New Jersey state court and the sister case pending in the U.S. District Court for the District of Minnesota. The simultaneous announcement was made by Judges overseeing the matters on November 3, 2014.
Under the initial terms of the settlement, each plaintiff will receive $300,000 as compensation if they both had an implant of the recalled hip and had a revision surgery to remove the device on or before November 3, 2014.
For patients who have suffered additional complications or problems during the revision surgery, they may be eligible for additional compensation by applying to a specialized committee who will hear claims for enhancement. Should their be a dispute with respect to the committee’s findings, a final determination will be made by Diane Welsh, a U.S. Magistrate Judge in the Eastern District of Pennsylvania from 1994 to 2005 who is now with JAMS.
In order to be eligible for the settlement, claimants must complete documentation on or before December 14, 2014. The settlements are expected to be made in the summer of 2015.
What to do now?
If you have a recalled Stryker hip– or even suspect that you have one– now is the time to recognize that the opportunity for pursuing these cases is rapidly closing. Rosenfeld Injury Lawyers is actively involved in the settlement process and can advise you of your rights with respect to the settlement.
What if you are having complications with a Stryker hip, but have not undergone a revision surgery?
While the terms of the settlements are geared towards patients who have already undergone a hip revision surgery, there are thousands of out patients who may be experiencing other types of complications or who may physically be unable to go through a traumatic hip revision procedure. While the specific settlement parameters have not been specified for various categories of patients, history tells us that all recipients of these defective devices will be entitled to some form of compensation.
The key to ensuring that your past and future medical needs are properly addressed is to get in contact with a hip litigation law firm that is current with Stryker litigation and the upcoming developments. Rosenfeld Injury Lawyers is committed to securing the most favorable recovery for each client– regardless of the degree of their degree of complications.
Do you need a lawyer to help you through the settlement process?
Considering the relatively small number of pending lawsuits related to these devices (approximately 2,500 in the State Court and 2,000 pending in the MDL) there are many people who have these devices, but have yet to take legal action. While you technically do not need an attorney to file a case or be eligible for the settlement, having an attorney who is looking out for your best interest is both comforting and helpful when it comes to ensuring all of the settlement procedures have been satisfied.
What many recipients of Stryker Rejuvenate and ABG II hips need to recognize is that there are ancillary issues related to these cases such as subrogation rights of Medicare and health insurance companies. In other words, these entities have a right to be reimbursed for any payments made related to hip revision surgeries or medical testing. A failure to address these rights now may result in obligations to repay them in the future. Hiring an attorney can be useful in these subrogation matters and ensure that these issues do not present themselves in the future.
Have more questions about your legal rights?
Understandably, if you or a loved one has been impacted by these devices, you likely have many questions, concerns — and frustrations. We invite you to contact our office and discuss your options— even if you have done nothing so far. Whatever you do, don’t assume that you will be compensated if you do nothing. We have a team of attorneys here to help you. Call anytime. (888) 424-5757
Updated: November 4, 2014