Class Actions

Settlement FAQs

Download Stryker Rejuvenate Claim Form

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?

Whelton Hiutin LLP
15 Toronto Street, Suite 200
Toronto, ON M5C 2E3
T: 416-599-7900
F: 416-599-7910
www.swlawyers.ca

Koskie Minsky LLP
20 Queen Street West, Suite 900, Box 52
Toronto, ON M5H 3R3
T: 416-977-8353
F: 416-977-3316
www.kmlaw.ca

Klein Lawyers
100 King Street West, Suite 5600
Toronto, ON M5X 1C9
T: 416-506-1944
F: 416-506-0601
www.callkleinlawyers.com

Download Stryker Rejuvenate Claim Form

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Were you implanted with a Rejuvenate Modular Hip System® in Canada? You may be eligible for compensation.

This notice may affect your rights. Please read carefully.

A class action lawsuit was initiated in Canada regarding allegations that the Stryker Rejuvenate Modular Hip System was defective, and that it failed prematurely. Specifically, a class action was certified by the Ontario Court on December 8, 2015 in Ritlop v. Stryker Canada et al. Please note that this Notice does relate to any other Stryker hip implant system, including the Rejuvenate Monoblock Hip System.

These actions have now been settled, and the Ontario Court has approved the settlement. For a copy of the settlement agreement, please contact Class Counsel or the Claims Administrator at the address below.

Who is Eligible to Participate in the 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.

The Terms of the Settlement

The settlement provides compensation to class members who timely submit all forms and documentation required under the Settlement Agreement. The settlement also provides for payment to public health insurers. Please refer to the settlement agreement for specific terms and conditions.

To Make a Claim

To be entitled to a payment pursuant to the settlement agreement, class members must file a claim with the Claims Administrator on or before their applicable claims period.

For More Information or to Obtain a Claim Form

Please contact Class Counsel or the Claims Administrator at the address below:

Claims Administrator:

Stryker Hip Implant Settlement
Suite 3-505 133 Weber Street North
Waterloo ON N2J 3G9
Fax: 1-888-842-1332
Email: strykerclassaction@epiqglobal.ca

We also strongly encourage you to visit the class action websites of Class Counsel to obtain additional information regarding the settlement. Additional information regarding how to participate in the settlement is posted on the website.

Any questions about the matters in this Notice should not be directed to the Court, because its administrative structure is not designed to address this type of inquiry.

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Whelton Hiutin LLP will be happy to represent you individually on any claim you wish to make in this settlement.

If you have already signed an individual retainer agreement with our firm there is nothing more for you to do until we contact you.

If you have not yet signed such a retainer agreement then we are NOT yet acting for you but you can contact smarano@swlawyers.ca to discuss whether we are able to act for you.  We are not your lawyer until an individual retainer agreement has been signed by both you and us.