Howmedica Osteonics Corp. d/b/a Stryker Orthopaedics and plaintiffs in consolidated state and federal court litigation have agreed to settle claims concerning Stryker’s ABG II and Rejuvenate Modular hip systems. The ABG II and Rejuvenate hip systems were voluntarily recalled from the market by Stryker on June 28, 2012.
The Stryker modular hip settlement agreement calls for the establishment of a private settlement program through which claimants who have had their hips revised or who require revision surgeries but are too infirm to undergo the procedure, whether filed or unfiled, can pursue compensation. For each qualified claimant, Stryker has agreed to pay a base award of $300,000 for each revised hip, subject to applicable reductions. This includes a base award reduction for those claimants unrepresented by an attorney. An enhanced benefit program will also be made available whereby qualified claimants may seek enhanced awards in addition to a base award. The enhancement criteria and specific amounts will be set out pursuant to an award schedule to be released by the parties. For those claimants that otherwise qualify but have not been revised at the time of enrollment, Stryker has agreed to pay a flat award of $75,000.
The Stryker hip lawsuit settlement was brokered by New Jersey Superior Court Judge Brian Martinotti in coordination with Judge Donavan Frank, who currently oversees the Stryker federal multidistrict litigation. In sum, the settlement means that Stryker will potentially pay at least $1.43 billion to settle thousands of related claims.
For each qualified claimant, Stryker has agreed to pay a base award of $300,000 for each revised hip.
The Stryker modular hip settlement follows recently announced settlements of other related metal-on-metal hip litigation. In November 2013, DePuy Orthopaedics, Inc., a division of Johnson & Johnson, announced an agreement to settle thousands of pending claims concerning its metal-on-metal ASR system. This billion-dollar settlement provides a base award of $250,000 subject to applicable reductions and enhancements. In January 2014, Biomet, Inc. entered into a settlement agreement with plaintiffs in litigation concerning its M2a 38 and M2a Magnum hip replacement systems. Under the agreement, eligible plaintiffs can receive a base award of $200,000 subject to discounts or enhancements should the eligible plaintiff meet certain criteria. Both the DePuy and Biomet settlements are progressing towards their respective approval dates. Similar litigation against DePuy over its Pinnacle hip system and other metal-on-metal manufacturers including Smith & Nephew, Wright Medical Technology, Inc., and Zimmer Holdings, Inc. remains ongoing.
Do You Have a Hip Implant Claim?
Although multiple metal-on-metal hip settlements are in progress, it is not too late to file a lawsuit and recover damages for your injuries. If you or a loved one has been harmed by a metal-on-metal hip, you may still have options. For this reason, it is important to seek legal counsel to discuss your situation. Contact Attorney Group today for a free, no-obligation case evaluation. If we find that you have a case, we can put you in contact with one of our affiliated attorneys who can help you to recover the damages to which you may be entitled. Call today.