DePuy Pinnacle 2016 Trial Verdict and Your Case
Latest update on the $1 Billion Verdict in the DePuy Pinnacle Trial!
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DePuy Pinnacle 2016 Trial Update 1
My name is Stuart Talley and I am the partner at Kershaw, Cook & Talley responsible for the Stryker Rejuvenate recall litigation. The reason I am doing this video today is to give an update on the status of the litigation. We had a status conference with the court yesterday and we wanted to provide an update on where we are with these cases.
As many of you may know, the Stryker Rejuvenate litigation originally involved about eight thousand cases that were filed on behalf of people who had Stryker Rejuvenate hips. Most of those cases were consolidated in Minneapolis, Minnesota before Judge Donovan Frank. After year and a half litigation, there was a global settlement that was announced. It was actually a global settlement program. Any individual who had a revision surgery as of November 2014 had the option of participating in the settlement program.
The hearing yesterday discussed the current situation regarding where certain cases stand, how many have been settled, how many remain. We learned there are many cases still pending in the court that have not been resolved.
Those cases fall under different categories:
With respect to the unrevised cases, people who haven’t had revision surgery, there is a process that will be set in place. Essentially, Stryker has agreed to allow these people to dismiss their case. In the future, if they ever need revision surgery, they can refile the cases as if it was never dismissed in the first place. This process is called a “tolling agreement”. Stryker agreed to “toll”, or suspend, the statute of limitations. For example, you dismiss your case and are allowed to refile if you ever have revision surgery. If you do, it’s as if your case was never dismissed in the first place.
These cases are ongoing. There’s a lot that’s happening. Many cases have settled. If you have a Stryker Rejuvenate hip, and have not filed a case, we recommend you file one immediately. The statute of limitations could be running on your case. And unless you actually have a case on file, you are not protected even if your hip has not been revised. This tolling agreement only applies to individuals who have cases on file.
If you have a Stryker Rejuvenate hip, contact us for a free case consultation. You can call us toll-free at (888) 635-3970, or fill out and submit the confidential submission form found on this page.
Smith & Nephew R3 Recall
About the Smith & Nephew R3 Hip Recall
Smith & Nephew Orthopaedics issued a recall for metal liners of the R3 acetabular system on June 1, 2012. The use of Smith & Nephew R3 in total hip replacements is associated with a higher than expected number of revision surgeries, prompting a market withdrawal of the devices.
Smith & Nephew R3 Hip Problems
The metal-on-metal liner is linked to various health issues including but not limited to:
Smith & Nephew recommends physicians maintain their typical follow-up protocol for patients who have undergone total hip replacement or resurfacing surgery and implanted with the Smith & Nephew R3. However, this advice can have adverse long-term consequences, both physically and financially. You should immediately have your blood tested for cobalt and chromium whether or not you have pain, and/or swelling or other unexplained symptoms. Patients with cobalt and chromium levels above 0.3 micrograms per liter (mg/l) or parts per billion (ppb) require monitoring since these levels are abnormal. At this time, it is also pertinent patients contact a Smith & Nephew R3 attorney. Our attorneys help protect your legal rights. The manufacturers must be held accountable; assuming financial responsibility for their negligence which entitles patients to potential monetary compensation for their pain and suffering.
How We Can Help!
If you or someone you know, is affected by a recalled Smith & Nephew R3 hip implant, contact one of our product liability attorneys qualified to protect your best interest and your legal rights. At Kershaw, Cook & Talley, we represent hundreds of hip replacement patients who, for decades, continue to rely on our knowledge and expertise in fighting and winning cases in the mass tort and medical device arenas. All it takes is 3 simple steps! Start by sharing your story with us through our free evaluation form on this page or we invite you to give us a call, toll free, at 888-635-3970 for a no-cost, confidential case review.
At Kershaw, Cook & Talley, we look forward to serving you and your family.
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.
Wright Profemur and Conserve Plus Litigation Update
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.
The U.S. District Court, Northern District of Ohio, filed an Order on December 24, 2014 extending the deadline for non-revised DePuy ASR plaintiffs who decide to either proceed with their case or voluntarily dismiss their case. Plaintiffs must notify the court by January 31, 2015 on whether or not they will opt into a tolling agreement with Johnson & Johnson subsidiary, DePuy Orthopaedics.
The tolling agreement for non-revised plaintiffs involves dismissing their case without prejudice; meaning the statute of limitations on their case is postponed until revision surgery occurs. The tolling of the plaintiff’s statute of limitations is then extended for one year from the date of their revision. After the revision surgery, plaintiffs may re-file the lawsuit within the tolling period and will not lose any of their rights. A plaintiff must update their registration status to indicate they underwent a revision surgery.
Non-revised plaintiffs who elect not to dismiss their case will be required to prove that they have suffered some type of damage as a result of their recalled hip. Typically, these plaintiffs will fall into the category of individuals who require a revision of their DePuy ASR hip implant but suffer underlying health issues that make revision surgery impossible. Other plaintiffs have significant problems with hip replacements and their surgeon does not want to perform surgery. In these respective cases, plaintiffs can advise the court of their situation and may continue pursuing their case.
UPDATED REGISTRATION DEADLINE FOR STRYKER HIP SETTLEMENT: FRIDAY, DECEMBER 19, 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. 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 Friday, December 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 IS DAYS AWAY, DECEMBER 14, 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 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 help regarding the Stryker Hip Settlement.
STRYKER HIP SETTLEMENT: HOW CAN AN ATTORNEY HELP WITH MY CASE?
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.
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.
Stryker to Pay $1.43 Billion to Settle Hip Implant Cases......Call Toll Free 888-635-3970
For a PDF of the Stryker Settlement FAQs and answers, please click Kershaw, Cook & Talley Stryker FAQs to download the file.
Kershaw, Cook & Talley provides the latest information on the Stryker Hip Settlement. Check out the videos below for answers to Frequently Asked Questions about the settlement.
Stryker Settlement Announced:
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