A long-awaited settlement was reached between Howmedica Osteonics Corp., manufacturer of the Stryker Rejuvenate and ABG II hip implants, and representatives for persons injured by these medical devices. The settlement includes encompasses claims brought in both the federal MDL pending in the District of Minnesota ( In re: Stryker Rejuvenate and ABG II Hip Implant Products LiabilityLitigation, MDL 13-2441 (DWF/FLN)) and the New Jersey MCL (In re Stryker Rejuvenate Hip Stem and ABG II Modular Hip Stem Litigation, Case No. 296, Master Docket No. BER-L-936-13), and in various other state and federal courts.
The Stryker Rejuvenate and ABG II settlement is available to claimants who were implanted with the Stryker Rejuvenate or ABG II medical devices and whose devices were revised prior to the settlement date of November 3, 2014. People who were too ill to undergo revision may also be eligible, and certain revisions (such as revision due to infection, removal because of trauma, removal because of fracture or dislocation, and removal after off-label use of the device) are excluded. The detailed settlement agreement describes a base award of $300,000, which is subject to certain discounts and enhancements based on many factors, such as age at time of implant and complications experienced by claimants. Enhancements may be awarded for future complications as a result of the devices. Unrepresented claimants are subject to a significant deduction in award amount.
Claimants who choose to enroll and accept the settlement may benefit from Howmedica’s agreement to not assert certain of its legal defenses to their claims – such as statutes of limitations and repose, jurisdiction and venue, mitigation, comparative/contributory negligence, assumption of risk, independent intervening cause and other specific defenses.
March 2, 2015 is the hard deadline to file a completed claim, and certain medical records are necessary. Derivative claimants and spouses must also file their completed claim documentation by this date. Under the terms of the settlement, Howmedica retains a right to “walk away” from the settlement through June 15, 2015.
The Stryker Rejuvenate and ABG II settlement is markedly detailed and complex, and offers a higher base amount than either the DePuy ASR and Pinnacle settlement or the Biomet settlement, without specific reductions for obesity or smoking (although BMI may affect award for enhancements). The base award also applies to each hip and claimants with bilateral implants of the Rejuvenate or ABG II devices with qualified revisions may be eligible for the base award for each hip.
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