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Stryker Hip Settlement Registration Deadline: 2 weeks away!


Attorneys William Kershaw and Stuart Talley of Kershaw, Cook & Talley have extensive experience litigating and settling defective hip cases. How can an attorney help with my case? 

The Stryker hip settlement encourages individuals to hire an attorney. The claims process is complex. It involves submitting all the necessary documentation required for the settlement. Individuals may miss submitting appropriate documents, miss deadlines, or make mistakes in the process. Unfortunately, this adversely affects their settlement. The claims administrator and the defendants want an orderly process. It is important having an attorney on your side.

Under the settlement, people with revised hips will receive a base award of $300,000.  There is an approximate 33% deduction from your settlement if you are not represented at the time of the settlement agreement! In most cases, attorney’s fees range from 30% to 40%. And you are likely to receive more from your settlement with the help of an attorney than working alone.

Determining how much you will receive is not an easy task. You may not get all your money if you are inexperienced reviewing medical records and dealing with settlement agreements. There is essentially no cost to you when taking into consideration the deduction for not having an attorney. Under the settlement agreement, an attorney should get you the most money possible for your situation.

KCT Warns Stryker Rejuvenate and ABG II Recipients of Impending Deadlines


Stryker Rejuvenate and ABG II Hip Claims Registration 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. 

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

The 510 (k) process and metal on metal hip implants


Currently, various medical devices enter the marketplace via a regulatory pathway, the 510(k) process, monitored by the Food and Drug Administration (FDA). The 510(k) process loosely evaluates for safety and effectiveness, and approves the clearance of new medical devices based on ones that are substantially similar and previously cleared.

There are 3 classes of devices:

  1. Class 1: low-risk devices (e.g. toothbrushes, dental floss, band aids). Class 1 devices are subject to minimal regulatory controls. 
  2. Class 2: moderate- risk devices (e.g. powered wheelchairs). Class 2 devices require greater regulatory controls. 
  3. Class 3: highest-risk devices (e.g. metal on metal hips, replacement heart valves). Class 3 devices are supposed to undergo the highest level of regulatory control known as Premarket Approval, or PMA. 

According to the FDA, Premarket Approval (PMA) requires manufacturers to submit an application if they intend to market any new products containing new materials or differing in design from products already on the market. A PMA submission must provide valid scientific evidence collected from human clinical trials showing the device is safe and effective for its intended use.

However, many class 3 devices do not undergo PMA. They are cleared through the 510 (k) process, claiming substantial equivalence to preamendment devices, or comparable devices already on the market. Unfortunately, this allows companies a means of avoidance in testing their products for safety and effectiveness before releasing them on the market.

 

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.

Stryker Settlement: Will Broadspire continue paying my expenses?



Q: Will Broadspire continue paying my expenses?

A: Under the terms of the Stryker settlement, there is a specific provision that deals with Broadspire. As you probably know, Broadspire is a company hired by Stryker to help compensate people with a Rejuvenate or ABG II hip who have expenses related to the recall. There are essentially 3 types of categories we are dealing with.

In the first category, we have people that have submitted claims to Broadspire for compensation prior to November 3, 2014. November 3, 2014 is the date that the Stryker settlement agreement was entered. If you submitted a claim before then, Broadspire will process that claim in the ordinary course and if it’s a valid claim they will compensate you. It is important to know that for claims falling within that category the settlement offer Stryker made will not be reduced in anyway by amounts you received for claims submitted prior to November 3.

If you submitted a claim after November 3, and want to participate in the Stryker settlement agreement, there will be a deduction for claims submitted during that window. As an example, say you submitted a claim on November 5 for surgery you had in October. Under the settlement agreement, Broadspire would process that claim; if it’s $10,000 then Broadspire would send you a check for $10,000. Once you get your settlement, there will be a $10,000 deduction.

For people who qualify for the Stryker settlement, but decide not to enroll and reject the settlement, Broadspire will completely cut that person off. There will be no compensation for somebody who does not participate in the settlement for any claims submitted after the deadline for participation which is March 2015.

If you have any questions about Broadspire, how it works, how to get claims submitted, or how to get them paid, we are happy to answer any questions.

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

I received money from Broadspire. How will that affect me?


Q: I received money from Broadspire. How will that be taken into account?

A: Many people want to whether Broadspire will continue to process their claims and whether the Broadspire program will cease to exist. The Broadspire program will continue to exist and specifically for people who have not had revision surgery. If you have not had revision surgery, you do not qualify for the Stryker settlement, and Broadspire will continue to cover your expenses.

It is important to note that in the settlement agreement Stryker made it very clear that the Broadspire program is entirely voluntary. They can shut it down anytime they want. But right now, as far as we know, the program will continue to exist for those individuals who have not had revision surgery.

If you had revision surgery, and qualify for the Stryker settlement, the way the settlement is drafted is you have until March 2015 to decide whether or not you want to participate in the settlement. If you qualify for the settlement, and decide not to participate, meaning you want to continue litigating your case, Broadspire will no longer be available to you. That is part of the Stryker settlement agreement.

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

Stryker Settlement: What are “liens”? Will this affect how much I get?



Q: What are “liens”? How will this affect how much I get?

A: There are deductions from the amount you receive from liens. Liens are essentially the right of your healthcare insurance company, or Medicare, to recover from your lawsuit any amounts they expended from your medical bills associated with your revision surgery. The amount of those liens can vary dramatically depending on your insurance.

There are a couple of important things to know. First, it is the amount your insurance company actually paid that is a lien on your case. It is not the amount the hospital or your doctor billed for your revision. Often times those are very different values. Secondly, your lawyer should get those liens substantially reduced. Most people with Stryker Rejuvenate or ABG II cases have lawyers who operate on a contingency fee basis (they get a percentage of their Stryker settlement). The contingency fee generally ranges from 30% to 40%. The law in most states asserts if you have a recovery, and your insurance company is entitled to reimbursement for medical expenses, it is not fair you have to pay the fee necessary to get them their medical expenses back. Almost all insurance companies will agree to reduce their lien by the amount of the attorney’s fees. For instance, if you have a 30% contract with your attorney, usually the lien holder will reduce the lien by at least 30%. Sometimes, you can get further reductions. Especially, if you have a Stryker settlement on the low end of what you were expecting.

If you have a lien, it must be dealt with. Your attorney will be in contact with your insurance company or Medicare advising them of the settlement. The process entails getting your medical records and bills from the insurance company, and comparing it against the actual medical treatment to make sure everything is legitimate. Then there is a negotiation process where your attorney should seek to reduce the lien. The purpose is getting you as much money as possible.

If you have a Stryker Rejuvenate or ABG II, and qualify for the Stryker settlement, we are happy to help. We have extensive experience dealing with defective hip litigation and know how to negotiate and reduce liens.

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

Do I need a lawyer to get money from the settlement?



Q: Do I need a lawyer to get money from the settlement?

A: The answer is no. You do not need a lawyer to participate in the Stryker settlement. However, the settlement is structured in a way to encourage people to hire a lawyer. The reason is the claims process; the process of submitting all the documentation in the settlement is incredibly complex.

The claims administrator and the defendants want an orderly process. They want claims submitted by people who know how to do it and will not make mistakes.  Under the settlement, people with revised hips will receive a base award of $300,000. However, if you are not represented at the time of the settlement agreement, there is an approximate 35% deduction from your settlement. Most plaintiffs’ lawyers will do these cases for 35%. You are actually better off having a lawyer helping with your settlement rather than working alone. You will receive 35% less either way.

You definitely want an attorney because the settlement agreement is extremely complex. It is not easy determining how much you will receive. You may not get all your money if you are inexperienced reviewing medical records, and dealing with settlement agreements. You definitely want an attorney helping with your case. There is really no cost to you when you take into consideration the deduction for not having a lawyer. A lawyer should get you the most money you can get under the settlement agreement.

If you have a Stryker Rejuvenate or ABG II hip, we encourage you to give us a call and we can answer any questions you have about the Stryker settlement agreement. We can help process your claim through that settlement so we can get you what you are entitled.

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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