US District Judge Donovan W. Frank in pretrial order No. 36 expanded a 2014 settlement program for US patients who underwent surgery to replace their metal-on-metal Stryker Rejuvenate Modular-Neck hip stem or their ABGII Modular-Neck hip stem up to Dec. 19, 2016.
The judge is overseeing 1,800 lawsuits in Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, MDL 2441 in Minneapolis, MN.
“In order for this Court, the cooperating New Jersey Multicounty Litigation (Master Docket No. BER-L-936-13), and any other cooperating courts to manage this litigation, as well as to assist the parties to effectuate the provisions of the private Settlement Agreement, it is necessary to continue to identify and update all remaining, unresolved filed and unfiled claims,” the judge said.
No dollar value was placed on the expanded settlement. Stryker said it expects most payments to be made by the end of 2017. About 20,000 people were implanted in the US with the Rejuvenate and ABG II hip replacement.
$1 billion settlement
Stryker recalled the Rejuvenate and ABGII hips in 2012. Plaintiffs allege that the metal-on-metal design of the hip joint components caused premature failure and resulted in metal debris causing pain, infection, tissue and bone death and difficult revision surgery.
The parties reached a $1 billion settlement in 2014. Eligible claimants will receive a base award of $300,000 for each revised hip. Unrepresented claimants are eligible for 71% of the base award, or $213,000. Reductions will be made for obesity, smoking and age, according to the settlement. Settlements may be increased up to $550,000 under an enhanced benefit program, for re-revision surgery, related additional surgery, dislocation of the femoral head of the hip, infections, inability to lift the front part of the foot, and pulmonary embolism or deep vein thrombosis during hospitalization.
Plaintiffs’ lead counsel are Peter J. Flowers of Meyers & Flower in Chicago; Annesley H. DeGaris of the DeGaris Law Group in Birmingham, Ala.; Wendy Fleischman of Lieff, Cabraser, Heimann & Bernstein in New York; Ben W. Gordon Jr. of Levin Papantonio in Pensacola, Fla.; Eric Kennedy of Weisman, Kennedy & Berris in Cleveland; Genevieve M. Zimmerman of Meshbesher & Spence in Minneapolis; and Charles S. Zimmerman of Zimmerman Reed in Minneapolis.