Under the terms of the settlement, there is a specific provision that deals with Broadspire. As you probably know, Broadspire is a company hired by Stryker to help compensate people with a Rejuvenate or ABG II hip who have expenses related to the recall. There are essentially 3 types of categories we are dealing with.
In the first category, we have people that have submitted claims to Broadspire for compensation prior to November 3, 2014. November 3, 2014 is the date that the settlement agreement was entered. If you submitted a claim before then, Broadspire will process that claim in the ordinary course and if it’s a valid claim they will compensate you. It is important to know that for claims falling within that category the settlement offer Stryker made will not be reduced in anyway by amounts you received for claims submitted prior to November 3.
If you submitted a claim after November 3, and want to participate in the settlement agreement, there will be a deduction for claims submitted during that window. As an example, say you submitted a claim on November 5 for surgery you had in October. Under the settlement agreement, Broadspire would process that claim; if it’s $10,000 then Broadspire would send you a check for $10,000. Once you get your settlement, there will be a $10,000 deduction.
For people who qualify for the settlement, but decide not to enroll and reject the settlement, Broadspire will completely cut that person off. There will be no compensation for somebody who does not participate in the settlement for any claims submitted after the deadline for participation which is March 2015.
For a PDF of the Stryker Settlement FAQs and answers, please click Kershaw|Talley Stryker FAQs to download the file.