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Stryker Settlement: Will Broadspire continue paying my expenses?

Video transcript:

Hi, this is Stuart Talley. I’m the partner here responsible for the Stryker Rejuvenate and ABG 2 litigation. The reason I’m doing this video today is provide some information about a question that many clients have asked us about the recently announced Stryker settlement. Under the terms of the settlement, there is a specific provision that deals with Broadspire and as you probably know Broadspire is a company that was hired by Stryker to come in and help compensate people that have Rejuvenate or ABG II hips and they have expenses related to the recall. Now there are essentially three types of categories that we’re dealing with.

In the first category we have people that have submitted claims to Broadspire for compensation prior to November t3rd, 2014. November 3rd, 2014 is the date that the settlement agreement was entered. Now 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. Now what’s important to know is that for claims falling within that category, the settlement offer that Stryker making will not be reduced in any way by amounts you received for claims submitted prior to November third. Now if you submit a claim after November third, okay, up until the date that you actually, say, raise your hand and say yes I want to participate in the settlement agreement, claims submitted during that window there will be a deduction. So as an example, if you submitted a claim on November 5th for surgery that you had in October, under the settlement agreement Broadspire would process that claim. And let’s say it’s for ten thousand dollars, they might send you a check for ten thousand dollars. Now when you get your settlement down the road there will be a ten-thousand-dollar deduction from the settlement. Now for people who qualify for the settlement but decide not to enroll in the settlement, meaning they reject the settlement and say I don’t want the money this isn’t enough money, Broadspire is going to completely cut that person off. There will be no compensation for somebody who doesn’t participate in the settlement for any claims submitted after the deadline for participation, which is March of 2015. So that’s in a nutshell how it’s going to work. It’s not an easy analysis but the way you need to look at it is did you submit claims before November 3rd then you’re good. If you submit claims between November 3rd and the date you have to enroll into the program, meaning raise your hand and say yes I want to accept the settlement, in those cases you’ll get paid by Broadspire but there will be a deduction. After march of 2015 if you’ve stood up and said I don’t want this settlement I’m not participating in the settlement, Broadspire will not be processing your claims going forward. So that’s how it works. If you have any questions about Broadspire we have lots of experience dealing with them, trying to get claims submitted and paid in a timely manner. Feel free to give us a call. You can reach us at the phone number on the screen or you can visit our website and fill out one of our online forms and we’ll be in touch with you right away.

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