Hip Implant Class and Sulzer Will Settle Case for $1 Billion
by Jahna Berry
THE RECORDER
The settlement checks are in the mail.
On Friday, Sulzer Orthopedics Inc., the company that was mired in national litigation over thousands of recalled hip and knee implants, approved a $1 billion settlement. The announcement means that many patients and lawyers will begin to get payments from Sulzer some time before the end of the year, a lawyer said.
Typically, a person who had one surgery to replace a bad implant would get $260,000, plus medical expenses. His or her attorney would get more than $40,000 in fees out of the patients’ gross award.
As the litigation neared its conclusion there was widespread fear that the deal would fall apart if many of the rank and file plaintiffs decided to try their luck in trial. Lead plaintiff attorneys warned that too many opt-outs would force the company under — narrowing the chance that all patients would be compensated.
“It was a real nail-biter,” said Orinda attorney Luke Ellis (Gillin, Jacobson, Ellis & Larsen), who represented 35 plaintiffs. “It went down to the wire.”
In fact, at one point 132 plaintiffs opted out; 35 were patients with serious claims who could have waged deal-busting legal battles. Lawyers from the plaintiffs team worked the phones and whittled that number from 35 to 16.
A little more than 3,000 people so far have had surgery to replace the defective hip and knee implants. Sulzer has said that about 4,000 people will be covered by the agreement. Not all patients who got the implants will develop problems, and some implant recipients are medically unable to undergo surgery.
In the upcoming months, U.S. District Judge Kathleen O’Malley also will decide which plaintiffs lawyers will share in the $50 million fee award for lawyers who played a big role in the settlement.
Frequently asked questions about hip implant lawsuits
Why Not All Patients With Recalled Implants Will Receive Compensation
In a hip implant lawsuit, not all patients with recalled implants will receive compensation due to various reasons. One of the reasons is that not all patients who received the defective hip implants will experience problems or require surgery to replace them. Additionally, some patients may be medically unable to undergo surgery.
It’s important to note that patients who do require surgery to replace their defective hip implants and experienced associated complications may be entitled to compensation through a hip implant lawsuit. In these cases, a personal injury law firm in California can assist in filing a claim and seeking compensation on behalf of the affected patients.
It’s important for patients who have received recalled hip implants to monitor their health and seek medical attention if they experience any complications. They should also consider consulting with a personal injury law firm experienced in hip implant lawsuits to learn about their legal options for seeking compensation.
The Importance of U.S. District Judge Kathleen O’Malley’s Decision on Fee Awards
U.S. District Judge Kathleen O’Malley will decide which plaintiffs’ lawyers will receive a share of the $50 million fee award for their work in the Sulzer Orthopedics hip implant lawsuit settlement. This decision is significant not only for the lawyers involved but also for the plaintiffs they represented in the hip implant lawsuits. The fee award determines the amount that lawyers will be paid for their services and how much of the settlement amount will go directly to the plaintiffs. Therefore, U.S. District Judge Kathleen O’Malley’s decision on fee awards will have a direct impact on the amount of compensation that hip implant lawsuit plaintiffs will receive. It is important that the decision is fair and just for all parties involved in the case.
Andy Gillin received his Bachelor’s Degree from the University of California at Berkeley and his law degree from the University of Chicago. He is the managing partner of GJEL Accident Attorneys and has written and lectured in the field of plaintiffs’ personal injury law for numerous organizations. Since 1972 he has been helping seriously injured victims throughout northern California fight & win their personal injury cases. Andy is one of the top awarded & recognized wrongful death lawyers in northern California.