Wednesday, July 22, 2015

What Factors Decrease the Amount I Can Receive Under the Stryker Hip Settlement?

July 23, 2015 - More than 4,000 lawsuits were filed against Stryker after the July, 2012 recall of the Stryker Rejuvenate and ABGII hip implants. Plaintiffs won several of these cases for undisclosed amounts, and, in November, 2014, Stryker announced the Stryker Hip Settlement Agreement. The Stryker Hip Settlement Agreement was put into place in order to compensate those patients who suffered injury and were forced to undergo Stryker hip revision surgery as a result. Patients may have experienced Stryker hip metallosis or Stryker hip cobalt and chromium poisoning or a total failure of their Stryker hip device.

 

The base award for those who qualify under the Stryker Hip Settlement Agreement is $300,000, subject to certain reductions and enhancements. Just recently, on June 12, 2015, the required 94% of participants was met and exceeded, coming in at a full 95%. It is expected that base award checks will begin being sent out between now and the end of July, while enhancement checks will be sent to patients either at the end of the 2015 quarter or the beginning of the 2016 quarter. Some of the reductions detailed in the Stryker Hip Settlement Agreement which may potentially reduce your Stryker hip monetary compensation include the following: 

 

·         Your age will determine, to some extent, what level of reduction you will experience from your base award. Based on the date of your implant, if you were older than 70, you will have a reduction of 5% from your base award. If you were older than 75, your reduction will be 10%. If you were older than 80, your reduction will be 15%, and if you were older than 85, your reduction will be 20%.

·         There are no reductions to your base award based on a history of smoking, diabetes, obesity or a number of other common deductions seen in other hip implant settlement agreements. (These factors may reduce certain enhanced payments, but not the base award). 

·         Patients who underwent a revision surgery in both hips will be paid the base award for each hip, or a total base award of $600,000.

·         A patient who had a Qualified Revision Surgery, then died, due to unrelated causes prior to November 4, 2014, will have the base award reduced by 30% ($210,000).

·         Patients who were told by their doctor they should have revision surgery, but who were medically unable to undergo revision surgery will receive a payment of $75,000. 

 

Because there are specific deadlines to be aware of, and because of the complexities of the Stryker Hip Settlement Agreement, it could be beneficial to speak to a Stryker hip lawyer regarding your potential Stryker hip monetary compensation. Perhaps you have experienced serious injury due to your recalled Stryker hip Rejuvenate or ABGII and were forced to undergo revision surgery. A Stryker hip lawyer can help to ensure your enhancements are maximized and that you make every effort to obtain the best award possible under the settlement terms. Even if you feel you have missed a deadline, don’t think all hope is lost—you may still be eligible for compensation under the Stryker Hip Settlement Agreement.
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