The claims period in the Stryker implants class action settlement opened on March 30, 2020 entitling those who were implanted with an allegedly defective hip implant system potentially thousands of dollars in awards.

The claims period in the Stryker implants class action settlement opened on March 30, 2020 entitling those who were implanted with an allegedly defective hip implant system potentially thousands of dollars in awards.

Class Members include those who were implanted with Stryker’s Rejuvenate Modular Hip System in Canada, along with their family members and/or estates if necessary.

The Stryker implants class action lawsuit alleged that defective artificial hips were implanted in Class Members and the Stryker Rejuvenate Modular Hip System was falsely advertised as a non metal-on-metal hip implant.

The class action lawsuit pointed out that hip implants have been in use for over 40 years and can be an effective way to treat diseases and injuries of the hip joint. However, metal-on-metal hip implants have a propensity to cause damage after being implanted. According to the complaint, the metal components rub together, fret, and corrode, releasing metal into the tissue. Problems with premature loosening, misalignment, fracture, dislocation, and failure have also been linked to metal-on-metal implants, alleged the plaintiffs.

Despite these problems, which have been known since the 1970s, Stryker designed a hip implant system that utilized metal components, the complaint claimed. The Stryker Rejuvenate Modular Hip System includes modular neck and stem components made of metal. These components rub together, causing patients issues, claimed the plaintiffs.

The Stryker implants class action lawsuit further alleged that the Rejuvenate Modular Hip System was misleadingly marketed as a non-metal-on-metal because the product does not have a metal femoral head and liner. However, the metal components of the device did rub, alleged the complaint, causing the plaintiffs and proposed Class Members injury.

“The Stryker Implants all shared common defective design characteristics that made them susceptible to early failure and to cause serious adverse effects in patients,” contended the class action lawsuit. “The Stryker Implants are defective because their metal components have an unreasonable propensity to fret and corrode, releasing heavy debris into the surrounding tissue, causing premature component loosening, misalignment, dislocation, fracture, and implant failure.”

As a result, alleged the complaint, Class Members suffered severe and debilitating injuries after being implanted with the Stryker Rejuvenate Modular Hip System. Some had to undergo revision surgery as well.

“Revision surgery is a difficult procedure,” pointed out the class action lawsuit. “When a patient is revised, there may be less bone and tissue to support a replacement implant. Revision surgery carries with it a substantial risk of serious complications and disability.”

The complaint also noted that Stryker had issued a recall of the Rejuvenate System in 2012 over concerns about fretting and loosening. Prior to that, alleged the plaintiffs, Stryker knew of the defective nature of the hip implant.

The Stryker implants class action lawsuit was certified in the Ontario Superior Court in 2015. Stryker admitted no wrongdoing, but agreed to settle the class action lawsuit claims.

The Stryker implants class action settlement was approved by the Ontario Superior Court on Jan. 6, 2020.

There are several groups of Class Members eligible for the Stryker implants settlement. One group includes Class Members who have had revision surgery on their Stryker Rejuvenate Hip System as of Feb 6, 2020. Another group includes those who were implanted with the Stryker implants, but are medically precluded from revision surgery. The final group includes Class Members who had or will have revision surgery on their Stryker Rejuvenate Hip System between Feb. 6, 2020 and Sept. 29, 2022.

The deadline to submit a claim for Claimants Revised as of Feb. 6, 2020 and for those with Medically Precluded claims is Oct. 16, 2020.

The deadline to submit a claim for Claimants Revised after Feb. 6, 2020 but before Sept. 29. 2022, is no later than 90 days after the Class Member’s revision surgery, or by Sept. 29, 2022, whichever is earlier.

Class Members may be eligible for several different levels of awards. The base award for those who have had a qualifying unilateral revision surgery will receive $110,000, in addition to up to $2,500 for out-of-pocket expenses related to the surgery. In addition, Class Members may be able to claim up to $65,000 for income loss or other losses related to the surgery.

Class Members who have undergone bilateral revision surgeries will receive a base award of $135,000. In addition, these Class Members can claim up to $2,500 in out-of-pocket expenses and up to $80,000 for income loss or other losses related to the surgery.

Awards for Class Members who underwent either unilateral or bilateral surgery may be reduced depending on the length of time their implantation lasted and their age at the time of the surgery. The reduction is between 10 and 30 percent for Class Members who had their implant for seven or more years. Those who were 80 or older will see a 15 percent reduction in their claim, while those who were 85 and older will see a 20 percent reduction.

Medically Precluded Class Members, or those who were not able to undergo revision surgery because of medical conditions, are eligible to receive up to $55,000. Principal caregivers can receive up to $5,000 to a Class Member who underwent revision surgery.

In addition, health insurers are eligible to receive $15,000 for each Class Member who had revision surgery.

The deadline to opt out of or object to the Stryker implants class action settlement was Dec. 23, 2019.

Who’s Eligible

Class Members include those who were implanted with Stryker’s Rejuvenate Modular Hip System in Canada, along with their family members and/or estates if necessary.

Potential Award

Varies.

  • Class Members who had unilateral revision surgery can claim a base award of $110,000, along with $2,500 in out-of-pocket expenses and up to $65,000 in other losses. These claims may be subject to reductions.
  • Class Members who had bilateral revision surgery can claim a base award of $135,000, along with $2,500 in out-of-pocket expenses and up to $80,000 in other losses. These claims may be subject to reductions.
  • Caregivers of Class Members can claim $5,000
  • Class Members medically precluded from revision surgery can claim $55,000.
  • Health Insurers can claim $15,000 per Class Member who had revision surgery.
Proof of Purchase

Class Members must submit a claim form obtained from the Settlement Administrator along with the following:

  • Manufacturer/product stickers for the Stryker Rejuvenate Hip Implant System implants and/or the electronic implant log from the index surgery.
  • A copy of the implant surgery operative report and discharge summary
  • For Class Members who underwent revision surgery, a copy of the revision surgery operative report, manufacturer/product stickers from implants used during the surgery or the electronic implant log, and, for surgeries that occurred after Sept. 25, 2018, a copy of Contemporaneous Medical Records supporting the reason for the revision surgery.
  • For addition claims, such as income loss, records supporting the claim must be submitted.
  • Proof of any out-of-pocket losses
  • Caregiver information
  • Documentation of a medically precluded revision surgery
Claim Form

Claim Forms must be obtained from the Settlement Administrator by either calling 1-888-502-7460 or via email at strykerclassaction@kmlaw.ca

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

10/16/2020 for Class Members who underwent revision surgery as of Feb. 6, 2020 or who were medically precluded from surgery.

9/29/2022 or 90 days from the date of revision surgery for Class Members who have or will undergo revision surgery after Feb. 6, 2020 but before Sept. 29, 2022.

Case Name

Ritlop, et al. v. Stryker Canada, et al., Case No. CV-14-504302-00CP in the Ontario Superior Court of Justice, Canada.

Final Hearing

1/6/2020

Claims Administrator

Koskie Minsky
20 Queen Street West, Suite 900, Box 52
Toronto, ON M5H 3R3
strykerclassaction@kmlaw.ca
1-888-502-7460

Class Counsel

KOSKIE MINSKY LLP

KLEIN LAWYERS

STEVENSON WHELTON LLP BARRISTERS & SOLICITORS

Defense Counsel

BLAKE CASSELS & GRAYDON LLP

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

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2 Comments

  • Big Dick November 12, 2020

    My Stryker penile implant got out of hand and now I walk around with a huge bulge sticking out like a baseball bat. I need a refund.

  • Anita Watson September 29, 2020

    Please add me.

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