Modular hip settlement program. Ninety-five percent of patients eligible for the Stryker modular hip settlement program are now enrolled. This program was established to provide compensation for patients injured by the hip replacement devices.
Each injured patient will receive a share of more than $1 billion Striker has set aside for compensation for injuries and complications associated with the Rejuvenate and ABGII metal-on-metal modular hip implants, according to Florida News Wire. Retired Magistrate Judge Diane Welsh, formerly of the U.S. District Court for the Eastern District of Pennsylvania, was appointed as mediator and helped keep settlement negotiations on track.
In hip implants such as the ABGII and Rejuvenate, when the hip’s metal components rub together during movement they create minute metallic debris that can enter the patient’s bloodstream and severely damage tissue and muscle, the New York Times reports. In addition to metallic debris in the bloodstream, recipients of the recalled hips have reported complications including pain, loosening of the joint, hip dislocation, difficulty walking, and cysts around the joint. Thousands of patients filed lawsuits over such injuries and complications.
Stryker recalled the ABG II and Rejuvenate Modular Hip Systems
Since the settlement program was announced in November 2014, law firms representing injured parties have worked to ensure that eligible claimants are enrolled in the program. Stryker recalled the ABG II and Rejuvenate Modular Hip Systems in June 2012, due to a high early failure rate and risks of metallosis. In November 2014, Stryker announced the settlement program for patients who had received one of the recalled hip devices.
Patients who had one hip implanted and removed prior to November 3, 2014 are eligible for $300,000 base compensation. Patients who had both hips implanted and removed will receive $600,000. The base amount could be adjusted for claimants who had more serious injuries or requiring multiple surgeries. The settlement also covers implant patients who were not able to have the hip removed because a doctor deemed them unable to undergo surgery.
Several thousand plaintiffs should begin receiving payments later this summer. In addition to adjustments for the severity of injuries and complications, the compensation amount will be adjusted according to the claimant’s age. The amount is reduced by five percent for a patient who is between 70 and 74, another five percent if the patient is between 75 and 79, then another five percent for patients between 80 and 84, and a final five percent – for a total of 20 percent – if the patient is 85 or older.
But patients who suffered complications during revision surgery may receive significant additional compensation. Additional compensation is also available for such things as future surgeries and treatments necessitated by complications arising from revision surgeries.
Attorneys who have represented claimants now enrolled in the settlement program say they will seek the same settlement terms for claimants who had Stryker hips replaced after the November 3, 2014 deadline.
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