A class action lawsuit was started in Canada regarding the Stryker Rejuvenate Modular Hip System, alleging it was defective, and that it failed prematurely. The class action was certified by the Ontario Superior Court in Toronto on December 8, 2015 in Ritlop v. Stryker Canada et al.
Please note that the lawsuit and the settlement described do NOT relate to any other Stryker hip implant system, including the Rejuvenate Monoblock Hip System.
A settlement has been reached in this class action. It 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 as well as to their estates and family members. The settlement was approved by the Court.
For Claimants Revised on or before of February 6, 2020 and for Medically Precluded Claimants, the Claim deadline to submit a claim in the settlement was October 16, 2020 which has now passed.
For Claimants Revised after February 6, 2020 but before September 29, 2022, a claim must be completed and returned to the Claims Administrator no later than ninety (90) days after your Qualified Revision Surgery or by September 29, 2022, whichever date is earlier. To be eligible to submit a claim, your revision surgery must be performed within 10 years of your original Stryker Hip Implant surgery and prior to July 31, 2022. If you submit a claim in the settlement, you are responsible for meeting all the applicable deadlines.
For a copy of the settlement agreement, or additional details regarding this settlement, please contact us.
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.
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 are available under this settlement?
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%|
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
“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”
“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”
“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”
“Mr. Klein is experienced and able in relation to class proceedings. Over time he has acquired expertise that permits him to make a valuable contribution...”
“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”
“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”
“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”
“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”
“The proposed Class Counsel have excellent qualifications…”
“Mr. Klein of Klein Lawyers has over 20 years of experience in the field of class action litigation and has appeared as plaintiffs’ counsel in over 25 certified class actions...”
“Class counsel, Klein Lawyers LLP and Kim Orr Barristers P.C., are highly experienced in class action litigation. Both firms have practiced in the specialized area of class action litigation for over 20 years”
“British Columbia class counsel took on this case on a contingency basis, and faced a real risk of not being paid at all for their services.”
“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”
“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”
“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”
“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”