Pope McGlamry: Stryker Rejuvenate and ABG II Failed Hips Lawsuits - Over $1 Billion Settlement for Recalled Devices
ATLANTA, Nov. 5, 2014 /PRNewswire/ -- On November 3, 2014, more than two years after the first lawsuit was filed against Stryker, a global settlement program involving Stryker's Rejuvenate and ABGII modular hip implants was executed before and announced by Superior Court Judge Brian R. Martinotti in Bergen County, New Jersey. Pope McGlamry played an integral part in the litigation as a member of the leadership team, participating in strategic meetings and conferences, document review, court hearings, etc., and Mike McGlamry and Kirk Pope, of Pope McGlamry, were in attendance at this emergent Court hearing as representatives of Pope McGlamry's nearly 250 Stryker clients.
After four months of negotiations, an agreement was reached on behalf of approximately 3,000 patients who were implanted with the modular Rejuvenate or ABG II implants and have undergone revision surgery due to metal poisoning and other adverse side effects. The settlement agreement provides for gross base awards of $300,000 per revised failed implant. The agreement also provides for significant additional compensation for claimants who suffered complications during revision surgery and for other damages, including future surgeries caused by complications, post-revision infections, post-revision dislocations, post-revision foot drop, lost wages, and other intra-operative and post-operative procedures and complications. Additionally, compensation is provided for individuals who need a revision but are medically unable to undergo the surgery. There is no overall cap for Stryker's liability under this settlement program, and the settlement payments are expected to exceed $1 billion. Claimants will begin receiving their awards during the summer of 2015.
Stryker Orthopedics issued a voluntary recall of its modular Rejuvenate and ABGII hip stems on July 2012, due to fretting and corrosion near the modular neck-stem junction resulting in adverse tissue reactions, metallosis, necrosis, and the need for revision surgeries. The first lawsuit was filed against Stryker Orthopedics in August 2012 in Bergen County, NJ, where Judge Martinotti quickly established a unique bellwether mediation process that resulted in individual settlements in 21 cases, and ultimately, a global settlement agreement.
Following the Court's announcement on Monday, Pope McGlamry had the opportunity to take part in discussion with counsel for plaintiffs, defendants and the mediator, and is pleased with the settlement structure. If you or a loved one have had a Rejuvenate or ABG II device implanted, or have questions regarding the Stryker Settlement, contact Pope McGlamry at 877-285-7656 or online at www.popemcglamry.com to schedule a legal consultation.
*The November 5, 2014 release mistakenly listed the Accolade device in the headline as a part of the Settlement Agreement. The Stryker Accolade device is not a part of the Rejuvenate and ABG II recall nor covered in the Settlement Agreement announced November 3, 2014.
SOURCE Pope McGlamry
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