On November 4, 2014, it was announced that a landmark national settlement has been reached on behalf of victims of the recalled Stryker Rejuvenate and ABG II hip replacement devices. Although not having a cap on the monies to be paid, it is estimated that Stryker and Howmedica Osteonics will ultimately pay more that $1 billion to claimant who qualify under the settlement program.
Through the extraordinary work of C. Calvin Warriner III and Brenda Fulmer of Searcy Denney Scarola Barnhart & Shipley, P.A. in West Palm Beach, Florida, and other attorneys appointed as co-lead counsel and to the negotiating team, this settlement is the largest base payment ever obtained in a mass tort hip implant case.
Individuals who have been forced to undergo qualified revision surgeries to remove a Stryker Rejuvenate or ABG II Hip Stem will be entitled to a base payment of up to $300,000, with small deductions based upon age and whether the person had undergone another hip implant replacement surgery before the Rejuvenate or ABG II device was implanted. Individuals that had two Stryker implants and who have undergone qualifying revision surgeries on both of their hips would qualify for up to $600,000 as a base amount.
There are no reductions for obesity, smoking, diabetes, or other conditions that have been common in other hip implant settlements.
The settlement program also provides for a number of other payments ranging from $10,000 to $600,000 for various kinds of additional serious complication and damages related to the device failure, including post-operative infections, necessity for additional surgeries, hip dislocations, femur fractures, heart attacks, strokes, lost wages and death.
Compensation will be available in the national settlement program to all persons implanted with the Rejuvenate or ABG II hip implants who have undergone a qualified revision surgery in which the stem and neck of the device were removed more than 180 days after implantation but before November 3, 2014. Implantation and revision must have occurred in the United States or in a United States military hospital. Revision surgery also must have been the result of device failure as evidenced by an elevated cobalt blood test, an abnormal diagnostic scan, or intraoperative or pathological findings of tissue damage.
All claimants must register through their attorneys with the claims administrator by January 15, 2015.
The complete settlement information and details are available at: www.RejuvenateHipSettlement.com
David C. Rash P.A. has more than 20 years of experience representing victims in mass tort actions, class actions, medical device defect cases, catastrophic medical negligence cases and maritime/admiralty disaster. Mr. Rash is accepting and handling cases involving victims of the recalled Stryker Rejuvenate and ABG II hip implant devices. If you or a loved one has been the victim of the recalled Stryker Rejuvenate and ABG II hip implant devices, please contact me to discuss your options and the landmark national settlement.