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|Talley for a free case consultation or with any questions about the settlement if you have a Stryker Rejuvenate or ABG II hip.