The fallout surrounding the recall of Stryker Corp’s Rejuvenate and ABG II Modular Hip Implants continues despite the announcement of a major settlement agreement in November. The November 3rd settlement offer was an attempt to resolve thousands of claims filed against the company by patients who experienced severe pain and complications after receiving a Stryker Hip Implant.
The full details of the settlement agreement have since been released, offering insight into just how severe many of these cases were, as well as how the company, its customers, and the medical community will attempt to move on from this situation.
We now know that the settlement offer, which Stryker estimated at the time would be worth approximately $1.43 billion, included base payments of $300,000 made to all patients who required revision surgery due to a defective Stryker Rejuvenate or ABG II artificial hip prior to November 3rd, 2014. However, this $300,000-per-case sum is only a base amount and can increase depending on the details of each individual claim.
For example, that number would double for patients that received two Stryker implants and thus required two revision surgeries. The number could also increase for patients that experienced additional pain and suffering as a result of their medical procedures, including infections, re-revision surgery or other medical complications.
Much of the overall case against Stryker Corp hinges not only on the intense physical pain and medical complications suffered by patients who received their implants, but also on the fact that Stryker misled doctors and medical professionals about the safety of their product.
While many doctors were sold by the almost unheard of 1% failure rate promised by Stryker’s marketing team, attorneys involved in the settlement deal now estimate the failure rate of these products was actually closer to 95%. This dishonesty and deliberate distortion of safety information makes Stryker Corp liable for any and all medical complications their patients now face.
Stryker’s liability in this settlement agreement is not capped, leading some within the industry to speculate that the final amount paid to plaintiffs when the dust has settled may far surpass the original $1.43 billion estimate. The final deadline for eligible patients who required revision surgery due to a defective Stryker Hip Implant to submit their claim is March 2nd, 2015. Payments are expected to be distributed to claimants starting in the summer of 2015.
Graves McLain PLLC is a top-rated Tulsa Personal Injury Law Firm representing patients who have required revision surgery from Stryker Hip Implants as well as other types of defective medical devices and equipment. Our Medical Malpractice and Defective Medical Device lawyers have substantial experience handling these types of complex cases and fighting for the maximum compensation on behalf of our clients.
If you or a loved one has been injured or required revision surgery due to a defective Stryker Rejuvenate or ABG II Hip Implant, or any other piece of faulty medical equipment, contact Graves McLain immediately. Time is running out to file a claim against Stryker Corp, and the compassionate injury lawyers at Graves McLain will help you understand the details of your case and will create a roadmap towards securing the maximum compensation to which you are entitled.
Contact Graves McLain Tulsa Personal Injury law firm today at 918-359-6600, email us, or request a free case evaluation on our website.