One Billion Dollars! No, I’m not pretending to be the Austin Powers villain Doctor Evil! I’m amazed at the damages just one metal-on-metal hip can cause. Howmedica Osteonics Corporation, which uses the trade name Stryker Orthopaedics, agreed on November 3, 2014, to pay more than $1 billion in damages to a class of injured patients who needed to have their hip implants removed and replaced.
This is called a “revision surgery.” That’s a lot of cake for two hip implants are known as the Stryker Rejuvenate and the ABG II Modular hip stem, which Howmedica initially denied had any net negative results but later agreed to recall in July 2012. Since that time the lawsuits have quickly mounted. The recall was based on the risk of corrosion and fretting, according to the company. Plaintiff attorneys argued more than simple fretting was occurring and that the deterioration of the hip implant could lead to the introduction of metal ions into the local tissue and bloodstream. This created a host of problems that have permanently harmed hip implant patients.
The major stateside lawsuit that was filed in State Court in Bergen County New Jersey indicates there are more than 2,100 cases in New Jersey alone. Then there are more than 1,500 federally centralized cases in Minnesota! The November 3 settlements were, in an act of excellent time coordination, simultaneously announced in both courtrooms at 4 pm eastern and 3 pm central time.
Each failed implant will settle for a base of $300,000. There will be a chance for additional compensation if the patient had any complications due to the failed implant. Those additional negative complications are numerous. This means that many of the affected patients may opt-out.
What should you do if you think you have a hip implant case?
The timeline is short! Each claimant must register by December 14, 2015, to be a part of the settlement pool. The payouts will be in the summer of 2015.
The eligibility requirements to be part of the hip implant class action include the following:
- You must be a U.S. citizen.
- Must have both the initial surgery and the revision surgery.
- Must have had both surgeries in the United States or at a US military hospital.
- The surgeries must have occurred before November 3, 2014.
If the patient petitions for an enhanced award due to complications there shall be an appointed panel of three special masters. Their determination will be able to appeal past US Magistrate Diane Welsh in Pennsylvania who is now with the Judicial Arbitration and Mediation Services (JAMS). Judge Walsh was credited with mediating the settlement.
If you meet the criteria and do not have attorney representation you must act quickly. Please call our office for instructions on how to claim your settlement rights. But beware; this settlement is not the best alternative for thousands of defective hip implant victims. Do not settle for far less than what you deserve. Our partners have developed hundreds of hip implant cases nationally. We are prepared and experienced in handling the most serious of hip implant cases. Don’t settle for less. Call our office for a free consultation.
