Defective products are the cause of thousands of injuries and/or negative side effects each year in the United States. Product liability is the area of law that is used to determine who is responsible for defective or dangerous products and what factors determine a product defective. Berkowitz and Hanna LLC knows that manufacturing companies have a responsibility to protect consumers from potential hazards. In a recent historic $1B “global settlement agreement,” the Mahwah-based Stryker Orthopedics Corporation accepted liability for defective hip implant devices that were implanted into more than 20,000 patients across the country.
Tens of thousands of people received the faulty Stryker hip implants, Rejuvinate and ABG II by the time the company voluntarily issued a product recall and warnings (to surgeons) of the device’s potential harm to hip tissue and other adverse health effects. Patients eligible to participate in this settlement must have received “revision” surgery to replace the recalled device in one or both hips –before the settlement date—or they must have been medically unfit to undergo the surgery. By these criteria, 3000 patients will receive a base payment of $300,000 per hip. Those who suffered complications such as fractures or infections, due to the recalled device, will receive an additional sum of up to $550,000. Patients with a failed hip who were not medically fit to undergo revision surgery will receive $75,000.
Having settled many product liability cases, Berkowitz and Hanna LLC notes that Stryker’s landmark pre-emptive measure to settle this series of federal and state product liability lawsuits has, in effect, averted potentially lengthy and costly litigation.
Note: Berkowitz and Hanna LLC did not represent any of the parties in this case.
Photo via Wikimedia Commons.