MDL 2441
Stryker Rejuvenate & ABG II Modular Hip Implants
Update on Settlement Issues
Peter J. Flowers
Meyers & Flowers (Chicago, IL)
Annesley H. DeGaris
DeGaris Law (Birmingham, AL)
Genevieve M. Zimmerman
Meshbesher & Spence (Minneapolis, MN)
Tony J. Nemo
Meshbesher & Spence (Minneapolis, MN)
How to Enroll Claims for the
Base Award
Genevieve Zimmerman
Anthony Nemo
gzimmerman@meshbesher.com
tnemo@meshbesher.com
Claims Processor Website
http://www.strykermodularhipsettlement.com
Prepare the Claim Form, Release
and Stipulation for Dismissal
Gather the Required Documents
What documentation must
be submitted in support of
the Base Award Claim?
What the MSA Says:
Product ID
Voluminous Records
Required Submissions
What HOC and Garden City Group
Require:
Upload the Base Award Claim Package
There are two acceptable ways to do so:
• Prepare and upload a single, annotated, and
bookmarked PDF containing all Required
Submissions and the Claim Form; or
• Prepare and upload separate PDFs of the Claim
Form and each Required Submission
Annotate and Highlight Records
Bookmark if Submitting a Single PDF
The “Certification” Document
The Certification (which is the Client and
Attorney signature page) must only be updated
if you are filing multiple claims on the bulk filing
spreadsheet (which is similar to the registration
process), or if you filed a claim on the online
portal. In either of those cases, Garden City
Group requites a personal signature (ink) on the
Certification.
Unresolved Disputed Issues Involving
Enhancements
Genevieve Zimmerman
Anthony Nemo
gzimmerman@meshbesher.com
tnemo@meshbesher.com
Two-Stage Infected Total Hip
Arthroplasty Revisions
One-Stage Revision: Femoral stem is removed
and a revision stem is implanted
Two-Stage Revision: Femoral stem is removed
and interval antibiotic-loaded femoral stem is
implanted (Stage 1). Once the infection is
resolved, the interval stem is removed and a
permanent revision stem is implanted (Stage 2).
Facts
 Client is found to have a cobalt elevation and undergoes a revision
surgery (in the U.S., more than 180 days after implantation, but
before November 3, 2014). At that time, an ABG II femoral stem
and neck are explanted. Infection is found, and a Prostalac femoral
stem is placed.
 The Prostalac stem is implanted as the revision stem during the
Qualified Revision Surgery because: 1) there is no sinus tract
communication with the joint, but the surgeon suspects Infection;
or 2) there is a sinus tract.
 The Revision Surgery is not an Excluded Infection-Related Revision
Surgery because of the cobalt elevation.
Non-Dispute: Base Award Eligible
Under these facts, there is no dispute that the
Client is entitled to a Base Award for a Qualified
Revision Surgery under MSA § 1.2.55.
Second Revision
At some point after the Qualified Revision
Surgery (whether three months or three years
later) the actual or suspected Infection has
resolved, the Client returns to surgery, and the
Prostalac femoral stem is explanted and a new
femoral stem is implanted.
Does explantation of the temporary
stem constitute a Re-Revision?
Stryker says: NO
LCC says: YES
Rationale: The surgery to explant the Prostalac stem and implant a new
femoral stem where there is no Infection present surgery is not an InfectionRelated Open Surgical Procedure under Past Matrix II.c. It is simply a surgery
to remove/replace the previous revision stem made necessary by placement
of a temporary stem during the Qualified Revision Surgery. Past Matrix Level
I.a.i.1 defines a surgery “made necessary by the Qualified Revision Surgery”
and requiring “removal of the revision femoral stem component” as a “ReRevision Surgery”.
Reattachment/Repair of a Damaged
“Abductor Muscle Complex”
Foot Drop:
“use of crutches, a cane or walker”
Broadspire
Genevieve Zimmerman
Anthony Nemo
gzimmerman@meshbesher.com
tnemo@meshbesher.com
Deductions from Base and
Enhancement Awards
• A Claimant who receives any reimbursement from
Broadspire for lost wages will receive a dollar-for-dollar
offset against any Enhancements issued to the
Claimant for lost wages pursuant to the Enhancements
Benefit Program (6.1.2.1)
• A Claimant who files a Broadspire Claim between
November 3, 2014 and her Enrollment Date will have
the claim paid by Broadspire, but the Claimant’s Base
Award will be off-set by the amount paid. (6.1.2.2)
Deductions from Base and
Enhancement Awards
• Any Broadspire Claim that was in process before
November 3, 2014 will be paid and will not be subject
to a credit against the Base Award received (except for
lost wage payments) (6.1.2.2)
• Broadspire claims paid directly to a surgeon performing
a Qualified Revision Surgery or the hospital where the
Qualified Revision Surgery took place will not off-set
the Base Award (6.1.2.2)
Liens – Medicare & PLRP Update
Genevieve Zimmerman
Anthony Nemo
gzimmerman@meshbesher.com
tnemo@meshbesher.com
Common Benefit Obligations
Genevieve Zimmerman
Anthony Nemo
gzimmerman@meshbesher.com
tnemo@meshbesher.com
MSA § 4.3.3
Common Benefit Order (PTO-18)
February 20, 2014
Status Conference Transcript
Sample Settlement Statement
Registration – Update Obligations
Genevieve Zimmerman
Anthony Nemo
gzimmerman@meshbesher.com
tnemo@meshbesher.com
Questions & Answers
Genevieve Zimmerman
Anthony Nemo
gzimmerman@meshbesher.com
tnemo@meshbesher.com