Stryker Metal-on-Metal Hip Implants – Settlement FAQs
What is this Class Action about?
The Class Action alleges that the Stryker Rejuvenate Modular Hip System was defective, and that it failed prematurely. The Class Action does NOT relate to any other Stryker hip implant system, including the Rejuvenate Monoblock Hip System.
Who is eligible to participate in this Class Action Settlement?
The settlement applies to all persons who were implanted with a Stryker Rejuvenate Modular Hip System in Canada who have not opted out of the class action and their estates and family members.
Has the settlement been approved?
No, a motion to approve the Settlement Agreement is scheduled to be heard by the Ontario Superior Court in Toronto on January 6, 2020.
Class Counsel will also ask the courts to approve an award of fees and disbursements in the amount of $550,000, plus 25% of the recovery for work on the common issues, and up to another 8% for assistance with individual claims, plus taxes and disbursements for their work in connection with this Class Action.
Can I attend the approval hearings at the Ontario Superior Court?
Yes, all Class Members have the right to present arguments to the Ontario Court as regards the settlement, or to object to the settlement or Class Counsel fees, if they have delivered a notice of objection to Class Counsel on or before December 23, 2019 at 5:00 p.m. EST.
How do I object to the settlement?
A Class Member who wishes to object to the settlement shall provide in his or her objection to Class Counsel on or before December 23, 2019 at 5:00 p.m. EST:
- The full name, current mailing address, fax number, telephone number, and email address of the person who is objecting;
- A brief statement of the nature and reasons for the objection or, if you want the settlement to proceed, that you support for the settlement;
- A declaration that the person believes he or she is a member of the Class and the reason for that belief including, if available, the catalogue and lot numbers of his/her Rejuvenate Modular Hip System;
- Whether the person intends to appear at the Approval Hearing on January 6, 2020 or intends to appear by counsel, and if by counsel, the name, address, telephone number, fax number, and email address of counsel; and
- A declaration under the penalty of perjury that the foregoing information is true and correct.
Do I need to attend the approval hearing?
No, Class Members who do not oppose the settlement need not appear at the hearings or take any other action at this time to indicate their desire to participate in the settlement. Once the settlement is approved by the Court, you will receive a notice with further detail regarding settlement enrollment and next steps.
Where can I obtain a copy of the Settlement Agreement or other court documents?
If you have additional questions regarding the settlement you many contact class counsel as indicated below.
What benefits may be available if the settlement is approved?
Below is a summary of the settlement terms. If you have additional questions regarding the settlement, you may contact class counsel as indicated below.
For Unilateral Claimants:
- Base Award: Class Members who have undergone a Unilateral Revision that is a Qualified Revision Surgery shall each receive a single award of $110,000 (CAD) subject to the applicable reductions set forth below.
- Out-of-Pocket Expenses: Eligible Class Members who have undergone an Unilateral Revision that is a Qualified Revision Surgery shall each receive a single award of up to a maximum of $2,500 (CAD) for out-of-pocket expenses related to the Qualified Revision Surgery that are, and supported with by documentary proof.
- Enhancements: Eligible Class Members who have undergone an Unilateral Revision that is a Qualified Revision Surgery and who have Enhancements claims, including income loss, may receive additional funds in the aggregate up to a maximum of $65,000 (CAD), subject to applicable reductions.
For Bilateral Claimants:
- Base Award: Class Members who have undergone Bilateral Revisions that are Qualified Revision Surgeries shall each receive a single award of $135,000 (CAD) subject to the applicable reductions set forth below.
- Out-of-Pocket Expenses: Class Members who have undergone a Bilateral Revision that is a Qualified Revision Surgery shall each receive a single award of up to a maximum of $2,500 (CAD) for out-of-pocket expenses related to the Qualified Revision Surgery(ies), and supported with documentary proof.
- Enhancements: Eligible Class Members who have undergone a qualifying Bilateral Revision and who have Enhancements claims, including Income Loss, may receive additional funds in the aggregate up to a maximum of $80,000 (CAD), subject to applicable reductions.
For Medically Precluded Claimants: Class Members who qualify as Medically Precluded Claimants shall each receive a single award of $55,000 (CAD), which is not subject to any reductions and includes all claims by the Health Insurer. The Health Insurer shall provide to the Parties the necessary statutory consents and/or approvals to the settlement of that Class Member’s claim. In addition, Medically Precluded Claimants are not entitled to any Enhancements.
For Principal Caregivers: The Principal Caregiver shall receive a single award of up to a maximum of $5,000 (CAD), if applicable and supported by a declaration signed by the Principal Caregiver as part of the Eligible Claimant’s Claim Form. Only one award per Approved Claimant shall be issued for a Principal Caregiver who provided care for an enrolled Eligible Claimant who underwent a Qualified Revision Surgery.
For Health Insurers: Health Insurers shall receive $15,000 (CAD) for each Qualified Revision Surgery that a Class Member who submits a proper and approved claim for recovery under the Settlement Agreement underwent in the Health Insurers’ jurisdiction, and upon the Health Insurer providing to the Parties the necessary statutory consents and/or approvals to the settlement of that Class Member’s claim.
The Broadspire Program: Patient benefits available through the Broadspire Program will terminate once an Eligible Claimant enrolls in the settlement. The Broadspire Program will also terminate for an Eligible Claimant who chooses not to enroll in the settlement by the applicable Claims Period Deadline.
Reductions to Settlement Payments:
The following reductions shall be applied to all Settlement Awards to Approved Claimants prior to the calculation of any other reductions based on the length of time from the Index Surgery to the Qualified Revision Surgery (“Implantation Length”):
|Implantation Length “X”||Amount of Reduction|
|7 Years ≤ X < 8 Years||10%|
|8 Years ≤ X < 9 Years||20%|
|9 Years ≤ X < 10 Years||30%|
The following reductions shall be applied to all Settlement Awards to Approved Claimants due to age of the Approved Claimant at the time of the Index Surgery:
|Age at Index Surgery||Percent Reduction|
|Age ≥ 80||15%|
|Age ≥ 85||20%|
When is the deadline to enroll in the settlement?
The final enrollment deadlines will be set once the Court approves the settlement. You will receive a notice with further detail regarding settlement enrollment and next steps once the settlement is approved.
How may I contact Class Counsel?
Koskie Minsky LLP
20 Queen Street West, Suite 900, Box 52
Toronto, ON M5H 3R3
100 King Street West, Suite 5600
Toronto, ON M5X 1C9
Stevenson Whelton LLP Barristers & Solicitors
15 Toronto Street, Suite 200
Toronto, ON M5C 2E3