Cobalt Chromium Toxicity

stryker ABG II

Stryker Settlement Deadline: Extended to March 16th!


There are approximately 6,000 Stryker Rejuvenate and ABG II cases now pending around the country; most are in Minneapolis, Minnesota. Stryker made a global settlement offer for individuals who underwent revision surgery (replacing their Rejuvenate or ABG II hips) prior to November 3, 2014.

The Stryker Settlement deadline (i.e. deadline to participate in the settlement) is now extended until March 16, 2015. There are specific requirements to fulfill before the settlement deadline. Various forms and documents (e.g. medical records) need to be submitted to the settlement claims administrator by the March 16th deadline.

You must submit sufficient medical records to show you had a Stryker Rejuvenate or ABG II and it was revised for “recall-related” reasons, as defined in the settlement agreement. The medical records should show you had elevated cobalt and chromium, tissue damage,  or some other indication showing your hip was revised due to the recalled hip.

Many people ask why there is a need for an attorney. “What’s the benefit of having an attorney if I settle my case on my own? Won’t I save money doing it myself?”  The settlement agreement actually encourages individuals to hire an attorney. The process of submitting the required forms and documents to the claims administrator is arduous and complex. An attorney facilitates this process on your behalf. Under the terms of the settlement, if you do not have an attorney, your settlement amount (i.e. compensation you receive), is reduced by 32%. Most attorneys charge 33.3%. However, an attorney goes through the process of determining what the client is entitled to under the settlement. This can often be a complicated process involving medical records and interpreting the 96 page settlement agreement. We are responsible for putting together the settlement admission to the claims administrator, and insuring all the appropriate forms and documents are provided by the deadline. Failure to properly analyze the claim, or failure to submit the proper paperwork, can result in receiving less than you are entitled to under the settlement agreement or a substantial delay in your payment. Therefore, it is truly in your best interest to hire an experienced attorney to guide you through the process, and focus on your claim.

Another question is, “How do I guarantee I’m getting what I deserve under the settlement?” This is another situation where you should consider hiring an attorney. An attorney will make sure you get the most of what you’re entitled under the settlement agreement.

The settlement agreement is divided into two parts:
1) The Base Award–  this is typically $300,000.  This base award may then be adjusted downward for age and/or whether the original hip was put in to replace another hip.
2) Enhanced Benefit Matrix–  potential enhanced benefits for specific damages resulting during or after revision surgery; damages are assigned a monetary value.

 What is the timing of payment? When will I get paid?
Under the settlement agreement, the Base Award is distributed in late summer 2015 or early fall 2015. Individuals who submit all the appropriate paperwork will be paid during that time frame. However, if you do not submit the appropriate paperwork, you will move to the “end of the line”. This greatly delays the time period in which you get paid. Payments for the enhanced benefits are distributed in early 2016. These payments are also affected by how the forms are submitted. If you make a mistake, this also delays the enhanced benefit payment.

 What if I do not take the Settlement? What if the Settlement is not right for me?
If you fall into this category, you essentially have one option. Your option is continuing with your lawsuit, if you have one on file. If you don’t have one on file, you need to file a lawsuit immediately. You do not have to take the settlement; the settlement is only an offer. No one is required to take it. We have many clients who are not taking the settlement. We intend to pursue their cases, attempt to get trial dates, and hopefully get them a verdict more than the settlement or a future settlement more than what is currently offered.  Some people are not taking the settlement because it just doesn’t work for them.  There are individuals suffering problems after revision surgery resulting in permanent injuries (e.g. chronic limps, lifelong pain medication). They have significant damages not adequately compensated by the settlement.

If you have a Stryker Rejuvenate or ABG II hip, and are experiencing any problems, feel free to give us a call. We can also help with the settlement and how to process the appropriate paperwork and navigating the deadlines. We have an upcoming deadline on March 16th. Don’t wait until it’s too late, act now.

Lawsuit updates for metal on metal hips


Hip implants are touted as life-changing medical advancements designed to improve an individual’s quality of life. Unfortunately, in some cases patients suffer more pain and discomfort than expected from the devices. This is due to toxic poisoning from defective, metal on metal implants. It is commonly a result of Cobalt Chromium Toxicity. Thousands of hip replacement patients are discovering their hip implants are releasing cobalt and chromium particles into their bodies, whether or not they have symptoms.

The primary hips associated with this complication include Stryker Accolade, Stryker Rejuvenate, Stryker ABG II, DePuy Pinnacle, DePuy ASR,  and Biomet M2A Magnum.

Settlements continue for the following metal on metal hips:

Stryker

Stryker Orthopaedics announced a Settlement Agreement on November 3, 2014. The Stryker Hip Settlement Program may provide compensation to eligible patients who underwent revision surgery, replacing their ABG II Modular Neck Hip Stems and/or Rejuvenate Modular Neck, before November 3, 2014. Additionally, patients who cannot undergo revision surgery are possibly entitled to compensation; if the procedure was contraindicated for the patient prior to November 3, 2014.

The Stryker Modular Hip Settlement registration requires patients implanted with a Rejuvenate Modular hip or an ABG II Modular hip to submit basic information, pursuant to a court order. The court-ordered process applies to individuals regardless of whether they filed a claim or lawsuit, whether or not they underwent a qualified revision surgery (implant was removed before November 3, 2014), and whether or not they have legal representation. The registration process ended as of December 19, 2014.

You are not required to join the Settlement Program if you registered. However, if you intend on enrolling and participating in the Settlement Program, registering with the Claims Processor is not the same as enrolling in the Settlement Program. You will need to complete and submit an enrollment claim form as part of the separate Enrollment Process if you want to enroll in the Settlement Program. The Enrollment Process opens on January 16, 2015 and ends on March 2, 2015.

http://strykermodularhipsettlement.com/

DePuy

DePuy Orthopedics announced on November 19, 2013 they were initiating a voluntary settlement program in an effort to resolve approximately 8,000 lawsuits filed against them from the recall of their DePuy ASR prosthetic hip. Under the program, individuals who underwent revision surgery of their DePuy ASR hip prior to August 31, 2013 will receive a “base award” of $250,000 to settle their claims against DePuy. The base offer can adjust downward for a variety of health factors including the plaintiff’s age,  the plaintiff’s smoking history, the plaintiff’s weight, and the length of time the implant was present prior to removal.

Under the program, there is a separate fund available to provide adjustments upward for individuals who underwent two revision surgeries or complications following their revision surgery.  The extent of upward adjustments is extremely complicated and is based on a variety of individual factors.

The settlement does not impact or affect your rights if you have not had your ASR hip revised.  The unrevised cases will continue to go forward. Eligible individuals had until Sept. 30, 2014 to potentially claim $250,000 or more from the DePuy ASR Hip Settlement Program.

https://www.usasrhipsettlement.com/

Wright Profemur and Conserve Plus

On September 15, 2014, approximately 800 claims regarding the Conserve hips were filed against Wright Medical Technology Inc. in the ongoing multidistrict litigation (MDL) in U.S. District Court, Northern District of Georgia (In re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation, MDL No. 2329). As trial proceeds, filings continue to grow on behalf of individuals who suffered painful injuries associated with the Conserve hips as well as the Profemur hip replacements. The injuries sustained from the Conserve metal-on-metal hips include early device failure, femoral neck fractures, and metallosis.

The Wright Profemur and Conserve Plus hip lawsuits allege the hips caused serious complications as a result of elevated levels of metal ions, like cobalt and chromium, released from the hips.Currently, the court has selected a case for the litigation’s first bellwether trial scheduled for March 2015.

Recent studies demonstrate patients implanted with the Wright Profemur and Conserve Plus hip replacement systems often experience early failure and femoral neck fractures. Specifically, both these devices are “metal on metal” hips and recently the subject of much controversy. Under certain conditions, metal on metal hips can release metal particles into the hip joint and surrounding tissue. When this occurs, patients may experience significant pain in the hip joint resulting from the body’s reaction to the metal particles released into the hip. This condition is known as “metallosis” and often results in permanent damage to the hip joint.

Biomet

Approximately 2,000 cases are currently pending in the Biomet M2A Magnum Multidistrict Litgation (MDL) underway in the U.S. District Court for the Northern District of Indiana. On December 9th, court documents showed the cases were filed on behalf on claimants who allege complications such as metallosis, pseudotumors, and other adverse effects secondary to the metal on metal design of the implant.

The court granted approval for a proposed settlement of the Biomet M2A Magnum lawsuits at the start of the year. The settlement would resolve hundreds of cases if finalized. The settlement terms were announced on February 3, 2014. Under the settlement, if plaintiffs underwent revision surgery (removing the hip) after the Biomet was implanted for more than 180 days from the index (initial) surgery, they are potentially entitled to a base award of $200,000. Court documents indicate the Biomet settlement would need to be accepted by 90% of eligible plaintiffs in order to be accepted.

http://www.innd.uscourts.gov/millermdl2391.asp

Our attorneys have extensive experience litigating defective hip cases. We can answer any questions regarding these settlements and offer free case consultations. We will focus on your case, so you can focus on yourself. 

STRYKER HIP SETTLEMENT: NEW REGISTRATION DEADLINE



The Stryker Modular Hip Settlement registration requires patients implanted with a Rejuvenate Modular hip or an ABG II Modular hip to submit basic information, pursuant to a court order.

The court-ordered process applies to individuals regardless of whether they filed a claim or lawsuit, whether or not they underwent a qualified revision surgery (implant was removed before November 3, 2014), and whether or not they have legal representation. You must register by the December 19, 2014 deadline.

You are not required to join the Settlement Program if you register. However, you must register your claims with the Claims Processor by FridayDecember 19 if you intend to enroll and participate in the Settlement Program.

Our attorneys have extensive experience litigating defective hip cases. We can answer any questions regarding the Stryker Hip Settlement and offer free case consultations.

Stryker Hip Settlement: Registration Deadline Only 1 Week Away!


The Stryker Hip Settlement Program may provide compensation to eligible patients who underwent revision surgery, replacing their ABG II Modular Neck Hip Stems and/or Rejuvenate Modular Neck, before November 3, 2014. Additionally, patients who cannot undergo revision surgery are possibly entitled to compensation; if the procedure was contraindicated for the patient prior to November 3, 2014.

The registration process is open until the deadline on Sunday, December 14, 2014. Registration Orders were issued in Multi-District Litigation (MDL) and Multi-County Litigation (MCL) courts. The orders instruct attorneys with “un-filed claims and filed lawsuits, pro se plaintiffs, and unrepresented claimants” to register claims, whether the patient was revised or unrevised (www.strykermodularhipsettlement.com).

You must register to enroll in the Settlement Program. However, you are not required to enroll in the Settlement Program if you register. Contact us for a free case consultation, or for any help regarding the Stryker Hip Settlement. 

Stryker Hip Settlement: Permanent Damage Compensation



Hi, I’m Stuart Talley. I’m the partner responsible for the Stryker Rejuvenate and ABG II litigation. I am doing this video to answer a question our clients asked regarding the Stryker hip settlement.

The question is, “Does the settlement agreement provide additional compensation for individuals who underwent revision surgery but sustained lifelong injuries?” These people had their hip revised but have a permanent disability secondary to soft tissue damage from the hip. Many of our clients are a year post-revision and still use a wheelchair, cane, or crutches. They are in chronic pain and taking pain medication. They are curious if the settlement provides additional compensation for their situation.

Unfortunately, the settlement does not give additional compensation for an “inoperable” problem. However, it does provide additional compensation for procedures. For instance, if you are in chronic pain and need another hip operation after revision surgery, you would receive additional compensation.

The problem with the settlement is not fairly compensating people with lifelong damages caused by soft tissue injuries from cobalt and chromium toxicity (metallosis). If you fall into this category, you have 2 options: accepting the settlement or not accepting the settlement.

Contact Kershaw, Cook & Talley for a free case consultation or with any questions about the settlement if you have a Stryker Rejuvenate or ABG II hip.

 

Stryker Hip Settlement: Surgery Before the Recall



Hi, I’m Stuart Talley. I’m the partner responsible for the Stryker Rejuvenate and ABG II litigation. I am doing this video to answer a question our clients asked regarding the Stryker hip settlement.

The question is, “Does the settlement provide additional compensation to people who underwent surgery before the Stryker Rejuvenate and ABG II hips were even recalled?” Before the recall, many surgeons performed operations on injured individuals. The surgeons operated to find the source of the problem. Generally, the surgeon could not figure it out, and would then replace the ball and the cup. Unfortunately for these individuals, the problem had nothing to do with the ball and the cup. The problem with the Stryker Rejuvenate and ABG II hips were the stem and the neck.

We have many clients who underwent surgery replacing the ball and the cup before the recall. This situation is not covered by the settlement agreement. After the recall, the surgeons realized the real problem was with the stem. The patient subsequently underwent another operation removing the stem. The settlement agreement only provides compensation for a revision surgery. Revision surgery is defined a certain way under the settlement agreement. It means the stem is replaced. You receive no additional compensation for the surgery where the stem was not replaced. This is a hole in the agreement that does not result in fair compensation for a lot of people.

You essentially have 2 options if you fall within that category. The options are either taking the settlement as is, or not taking it at all. If you don’t take it, you will have to wait and get your case potentially resolved in the future.

Contact Kershaw, Cook & Talley for a free case consultation or with any questions about the settlement if you have a Stryker Rejuvenate or ABG II hip.

KCT Warns Stryker Rejuvenate and ABG II Recipients of Impending Deadlines


Stryker Rejuvenate and ABG II Hip Claims Deadline


Hi, this is Stuart Talley. I am the partner here responsible for the Stryker Rejuvenate and ABG II cases.

I am discussing important deadlines regarding the recently announced Stryker Rejuvenate and ABG II settlement agreement. There are essentially 2 deadlines you have to be concerned about if you have a Stryker Rejuvenate or ABG II hip.

The first deadline is what we call the registration deadline. The registration deadline is December 14, 2014. This means you have to register with Stryker before that date if you are a potential claimant. A potential claimant is anyone who has a Stryker Rejuvenate or ABG II hip. If you have or do not have a case filed you need to register even if your hip has not been revised.  This applies to everybody. The reason you want to register with Stryker is so they know who you are so they can send you notices and tell you what is going on with the litigation. It’s very important to register. By registering in the settlement program you are not agreeing to the settlement.

This leads to the next deadline, March 2, 2015. This is the deadline to enroll in the settlement program. Now, the settlement program is only open to people who’ve had a revision surgery. This enrollment is the process where you are agreeing to the settlement terms, and agreeing to participate in the settlement. After you enroll in the program, you have to submit a lot of paperwork to Stryker and the settlement administrator. You have to submit medical records to prove that you had a Stryker Rejuvenate or ABG II hip, that it was revised, and an estimate of your damages. This is a complex process.

Another complex issue is determining what you receive from the settlement. The settlement agreement is a 100 page document. You have to look at the settlement agreement and look at the medical records to figure out what you would get under the agreement, and it’s not that easy.

If you have a Stryker Rejuvenate or ABG II hip, and have any questions about enrolling or about registering, we are here to help.

Stryker Rejuvenate and ABG II Hip Claims: Deadline is December 14


The Stryker hip recall litigation* is ongoing in the United States District Court, District of Minnesota, and other state courts. New Jersey’s Bergen County Superior Court issued an order on November 13, 2014 stating all potential Stryker Rejuvenate and ABG II hip claims must be registered by the December 14th deadline. This order applies to both filed and un-filed Stryker recall lawsuits, and claims for Stryker Rejuvenate and ABG II individuals who have not yet undergone revision surgery.

However, the order does not require claimants who register to enroll in the Stryker settlement program. Claimants who choose to accept the settlement terms must enroll in the program between January 15 to March 2, 2015.

Bill Kershaw and Stuart Talley are the attorneys responsible for the defective hip litigation at the law firm of Kershaw, Cook & Talley. In addition to current clients, Mr. Kershaw and Mr. Talley continue to assist individuals with concerns about their Stryker Rejuvenate or Stryker ABG II hip implants. A settlement agreement* was announced by Stryker Orthopaedics on November 3, 2014. Under the settlement, qualified individuals may be entitled to approximately $300,000 if they underwent revision surgery (replacing the recalled hip) prior to November 3, 2014. The amount of money an individual may receive can go up or down depending on the specific medical circumstances of the plaintiff. Individuals with extreme injuries can receive up to $1 million.

*In re: Stryker Rejuvenate Hip Stem and ABG II Modular Hip Stem Litigation, Case No. 296, Master Docket No. BER-L-936-13, venued in MCL Court and In re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, MDL Docket No. 13-2441, venued in the MDL court.

http://www.strykermodularhipsettlement.com

Stryker Settlement: When will I get paid?


Q: When will I get paid?

A: This depends on the individual circumstances of your case. The process of going through thousands of settlements and figuring out whether or not people qualify, and how much they will receive, is an incredibly complex process. There is a Stryker settlement administrator being put into place to administer all the settlements. This company is called Garden City. Garden City will hire hundreds of individuals such as retired nurses, or people skilled at reviewing medical records, to help process this mass wave of settlement claims that are going to be made over the next couple of months.

The process of getting the infrastructure in place is time consuming. Right now, the Stryker settlement is structured in two parts: a base award and enhancements. The base award is simpler to figure out. If you had a revision surgery that qualifies, you receive the base award. There might be some small deductions but it’s a pretty straightforward process. We expect base awards will be entirely processed and payments will start to be made probably in the late summer of 2015. The enhancements are more difficult to evaluate and process. There are many medical records that need to be reviewed and specific things that have to be shown in the medical records to qualify for an enhancement. If an enhancement is denied or objected to by Stryker, there’s an appeal process. We expect the enhancement process of the settlement will be paid around early 2016.

We understand for many people waiting 9 months to a year for their Stryker settlement seems like a long time. But not having a settlement means waiting even longer. There are more than 5,500 cases on file right now. The idea of not taking the settlement for fear of waiting too long to get paid needs to be compared to the alternative. The alternative is getting in line behind 5,500 people to get your day in court. Many people will be upset about how long it takes to get paid. Unfortunately, that is the reality.

For a PDF of the Stryker Settlement FAQs and answers, please click Kershaw, Cook & Talley Stryker FAQs to download the file.

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