Hi, this is Stuart Talley of Kershaw, Cook & Talley. I am the partner responsible for the Stryker Rejuvenate and ABG II litigation. The reason I am doing this video today is to provide some breaking news in the status of the Stryker Rejuvenate and ABG II litigation.
I just returned from court here in Minneapolis, Minnesota, and I am pleased to announce that at a court hearing that was held today, a global settlement agreement was announced. This is a settlement that will be open to anyone who has a Stryker Rejuvenate or ABG II hip that has been revised. Under the terms of the settlement, anyone who has a Stryker Rejuvenate or ABG II hip that has been revised will receive on average $300,000. This settlement can go up or down depending on individual circumstances of the plaintiff. The settlement can go up if someone has extraordinary injuries, or injuries that go beyond an average case. For example, somebody who either has an infection after revision, dislocation, or needed an osteotomy, there are upward adjustments for those types of injuries.
This settlement puts in place a mechanism so that anyone with one of these hips receives some sort of compensation. It is important to know this is a completely voluntary settlement program. The settlement in place is really a settlement offer that’s made available to anyone who has these hips. The settlement may not be perfect for everybody. I don’t think this settlement works for many cases within our firm. Those cases may have to be litigated going forward.
If you have a Stryker Rejuvenate or ABG II that was revised, it is very important you immediately get in touch with an attorney so they can evaluate your case, help process you through this settlement program, and get you the compensation that you deserve.
If you have a Stryker Rejuvenate or ABG II that was not revised, the settlement agreement provides relief for those people as well in the form of non-monetary relief. Stryker takes the position that unless you’ve been revised, you have not suffered damages. I know lots of people are concerned about elevated cobalt and chromium. But the science right now is pretty clear that unless you actually have some kind of soft tissue injury in the hips, it’s very difficult to prove one of these cases. So, Stryker is not paying people that have not had a revision.
What is important to know about the settlement is that if you have a case that is on file, and your hip has not been revised, the statute of limitations will be tolled in your case. This means that your case doesn’t run. You’re protected if you need a revision down the road, and you could participate in the settlement at that point or file a lawsuit, or do what you need to do to preserve and protect your rights.
However, if you have a Stryker Rejuvenate or ABG II, that has not been revised and you do not have a case on file, you are not protected. Stryker has made it clear in the settlement that they intend to pursue the statute of limitations as a defense in cases. They may do that if you wait too long to get a case on file. But if you get a case on file now, the settlement agreement essentially tolls your statute, and keeps it preserved and protects your rights down the road.
So, if you have a Stryker Rejuvenate or ABG II call us right away, we can tell you more about this settlement. We will also provide updates on this webpage as they come up. We will try to answer frequently asked questions. It is very important to get in touch with an attorney if you have one of these hips, so they can make sure your rights are protected. Feel free to call us at 888-635-3970 or fill out one of our online forms on our website. I, or one of my partners, will contact you right away.