There is one exception to that rule. There are many people who need to have their hip replaced. Their surgeons recommended revision surgery because of elevated cobalt and chromium, or other issues. However, due to their age or health status, are unable to undergo a revision surgery. For example, someone needs a revision but experiences heart problems and cannot have the surgery. The settlement agreement allows for compensation for people who fall into that category. The agreement gives them $75,000 should they accept that offer.
Perhaps, you do not fall into that category: you are in a wait and see approach, you’re monitoring your cobalt and chromium levels yearly, you aren’t experiencing any pain, and you may never need revision surgery. If you fall into that category, your case will still be pending and none of your rights will be released under the settlement agreement. At some point in time, within the next year, your case will most likely be dismissed. However, under the settlement agreement, if you believe you have injuries, you can continue pursuing your case. If you have your case dismissed, but 2 years from now you do need revision surgery, we can refile your case and the statute of limitations will be tolled during this time. This means the filing date of your new case will relate back to the date you initially filed your case. In other words, if you have a case on file, and your hip has not been revised, then by filing a lawsuit you protect yourself against the statute of limitations running on your case. You are not prejudiced in any way by having your case dismissed.
If you have not had your hip revised, and you do not have a case on file, the tolling of the statute of limitations does not apply to you. If you have a Stryker Rejuvenate or ABG II that is not revised, it is crucial to get a case on file so that your statute of limitations is preserved. The statute of limitations is essentially the time period by which you have to file a lawsuit.
For a PDF of the Stryker Settlement FAQs and answers, please click Kershaw|Talley Stryker FAQs to download the file.