As a result of the multitude of lawsuits filed against the hip device manufacturer, Stryker agreed to establish a $1.43 billion qualified settlement fund (QSF). It is estimated that the average payout to persons implanted with Stryker Rejuvenate and ABG II Modular-Neck Hip Stems is $300,000.
“This is available to everyone with these implants regardless of whether they have experienced problems or not,” says Stewart. “You don’t have to make a claim or sue,” says Ben Stewart, whose office is currently handling claims for hundreds of affected people. “You just have to contact us and make an application; but be quick because there is a deadline coming.”
Thousands of Americans underwent total hip arthroplasty with a modular femoral stem design by Stryker Rejuvenate and went on to develop a type of metal poisoning called metallosis. The device contained a combination of a titanium-molybdenum-zirconium-iron alloy body paired with a modular cobalt-chromium alloy neck. Metal debris from the device combined and attacked the cell walls destroying soft tissue in the area.
“It is fair to say even if you have not had problems with this device, you very likely will in the future,” says Stewart.
The Journal of Bone and Joint Surgery (May 15, 2013) looked at 11 patients implanted with Stryker Rejuvenate/ABG II Modular-Neck Hip Stems and found that in every single case there was evidence of damage to the soft tissue.
To access the settlement payouts, patients need the label from the implant.
“You need the label off the implant to prove you have one of the ones covered by the settlement. That is available from the surgical center where you had the implant. They are required by law to keep these forever. We are very accustomed to obtaining these labels for people and filing the paperwork.
“There is a sticker that comes hermetically sealed in a little bag. That sticker is peeled off and attached to the surgical records. Just tell us which hospital did the implant and we can get the labels.”
The court uses a structured point system to establish the amount of damages.
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“And, as I said, even if you haven’t had an issue, you may want to have the money available to pay for another future surgery. These do cause problems for people, there is no doubt about it.”
Ben Stewart is currently handling hundreds of Stryker Rejuvenate and ABG II Modular-Neck Hip Stem cases. The Stewart Law Group handles professional negligence, legal malpractice, securities litigation, class-action litigation, product liability, personal injury and wrongful death cases. Stewart is a former prosecutor and municipal magistrate. Stewart Law Group is located in Tampa, Florida.