Cobalt Chromium Toxicity

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.

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.

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: 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.

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.

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