On November 3, 2014, a settlement was announced in the litigation against Stryker Corporation for the recall of its Rejuvenate and ABG II artificial hip implants. Under the settlement, Stryker will provide a base payment of $300,000 to patients that received the Rejuvenate or ABG II hip systems and underwent revision surgery by November 3, 2014, to remove and replace the devices.
The base award is subject to certain deductions, and may also be adjusted upward depending on certain factors. For example, payments will be increased for extraordinary medical injuries, such as osteotomies during revision, re-revisions or other post-revision surgeries, or infections and other medical complications suffered as a result of revision surgery.
The deadline for eligible patients to submit their claim for payment under the settlement is March 2, 2015. The first payments under the settlement program are expected to begin in the Summer of 2015 with enhanced payments being projected for disbursement at the end of 2015 and early 2016.
Importantly, the Stryker settlement is not for a fixed sum. In other words, Stryker’s ultimate liability is not capped. It is expected that total amount of payments under the settlement will far exceed $1 billion dollars.
Stryker Corporation began selling the Rejuvenate and ABG II hip systems in 2008-2009. In July 2012, Stryker recalled these hip implants due to “fretting and/or corrosion” in the implant which could result in metallosis (release of metal ions into the tissue and blood stream) and ultimate failure of the hip implant.
Lieff Cabraser attorney Wendy Fleishman, a member of the Lead Counsel Committee in the Stryker hip lawsuits, stated, “Plaintiffs have a very strong case against Stryker for defective hip implants. We applaud all the parties and the Courts for encouraging an early resolution of the claims for revision surgeries.”
Important Notice for Stryker Hip Recall Patients Not Covered Under the Settlement
If your Stryker Rejuvenate or ABG II hip failed and you underwent revision surgery to replace it after November 3, 2014, or if it fails in the future, you are not eligible for payment under the settlement.
However, you retain your rights to file a lawsuit against Stryker and seek compensation for the injuries you suffered as result of the implant failing. Keep in mind though, the statute of limitations (the deadline to file a lawsuit) varies by state and may preclude you from filing a claim if you do not contact an attorney promptly.
Contact Lieff Cabraser
If you or a family member have experienced problems with a Stryker Rejuvenate Modular Primary Hip System and the AGB II Modular Hip System replacement implants, or have been told your implant should be replaced, please use our online form to contact an experienced Lieff Cabraser personal injury lawyer. Or you may call us toll-free at 1 800-541-7358 and ask to speak to attorney Lexi J. Hazam.