The settlement in place provides additional compensation for individuals with lost earnings. In order to qualify, the lost earnings have to be at least 20% of the 2 year average of the combined earnings prior to your revision surgery. For instance, let’s say you make $100,000 per year. We would assess the amount you made for the 2 year period before your revision surgery. So, if you earned $100,000 each year, you would have $200,000 in total earnings. 20% of $200,000 would be $40,000. So, in order to qualify, you would have $40,000 in lost earnings. For many people, this is not a problem because of the future lost earnings.
It is important to know that lost earnings are capped at $200,000. The most you can get from lost earnings is $200,000. Under the settlement agreement, there is a deduction from lost earnings for any amount you received from Broadspire to compensate you for your lost earnings. You must take this into consideration. Proving the amount of lost earnings is a complex process. You should have a lawyer to make the best showing possible to get as much as you can from lost earnings.
For a PDF of the Stryker Settlement FAQs and answers, please click Kershaw|Talley Stryker FAQs to download the file.