Cobalt Chromium Toxicity

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 Litigation Update: August 2014


 

Hi, I’m Bill Kershaw with Kershaw, Cook & Talley. Stuart Talley and I are the partners responsible for providing a status update on the Stryker Rejuvenate and Stryker ABG II litigation case.

We had a status conference on August 21st. We addressed a number of issues at the status conference. Approximately four thousand cases are filed in various courts nationwide. We were meeting in the multi district litigation (MDL) in St. Paul, Minneapolis. There are two thousand cases pending in St. Paul, and we are currently engaging in discovery. We are taking depositions of corporate representatives on various scientific subjects, and electronic storage of information subjects which are central to the trials. We are also in the process of selecting Bellwether cases or test cases. A bellwether trial is a selection of representative sample of cases tried in front of a jury. Bellwether cases are normally demonstrative of matters which may arise in every injured party’s case. We are picking roughly twelve cases and they will go to trial next summer. Those cases will inform us how to handle many of the other cases pending since thousands of cases cannot be tried. The hope is these cases provide a blueprint how to resolve litigation later on. The Plaintiff’s Steering Committee believes it is critical we obtain discovery and understand what is happening with the cases before we settle.

The next status conference is September 22nd. We have reached an agreement with Stryker with respect to foreign entities to toll the statute of limitations for any claims against those entities so any claims those individuals have might have will be preserved going forward.

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