In a Product Liability Case with legal representation out of the State of Georgia, claimants are expecting to receive over $ 1 Billion Dollars in Settlements beginning in 2015 for defective hip devices. The awards come from a negotiated settlement with the manufacturer of the implant, Stryker. The device is called the Rejuvenate also known as the AQBG II implants.
The claimants who will receive settlement awards presented with poisoning from metal from the devices along with other symptoms that were adverse reactions to the devices. The settlements are meant to compensate the injured claimants for complications from the devices such as infections, dropping of the feet or foot, wages that were lost, hip dislocations, and more operative issues that occurred during the procedure as well as after the procedure of the insertion of the devices.
Apparently, there is not a cap for the manufacture Stryker in this settlement meaning that more claimants may come forward as well as the current claimants may receive more if further injuries are incurred. This may be one of the largest settlements of this type in Georgia history for many years.
In Product Liability Cases, if a product is recalled or injuries are incurred as result of a defective product, there are several actions that a potential claimant may take such as starting a class action, opting into a class action that already exists involving the defective product, or opting out of a class action and seeking a remedy directly from the company who manufactured the defective device as well as others in the chain of distribution. There are pros and cons to each of these choices when faced with a product liability case.
For example, if you take part in a class action you have the power in the number of claimants, and the attorneys handling the case usually have extensive experience with that particular type of product.
The con is that you are bound to the decisions of the class. Therefore, if you are not satisfied with the settlement amount that is ultimately distributed, and said amount is usually shared by all members of the class, not always equally but usually by a formula, that has been approved by the claimants in the class, the opposing attorneys, the counsel for the class, and the Judge so it is difficult, if not impossible, to dispute the settlement once you become a part of the class.
If you opt out of the class, on the other hand, then you are left with the task of finding legal counsel that is competent in that area of law and familiar with the product enough to negotiate a better settlement for you than if you remained a member of the class. Again, there are pros and cons that are similar to being a part of the class such as you may end up with a better settlement than if you had remained in the class or you may not.
There are no guarantees either way in these cases.
Finally, you can always try and negotiate a settlement yourself with the manufacturer and, in my opinion, this is the worst case scenario. People do not fair well when trying to represent themselves against powerful companies in product liability cases. These cases are very expensive and if you bear that expense yourself and end up with nothing you now have an injury that has not been compensated for and you have lost money.
At Julie A. Rice, Attorney at Law, & Affiliates, we are experts at Product Liability Cases and we chose these cases very carefully so that we are able to assist our clients with the expenses of these cases and take the case from start to finish with our eye on a winning result.
We do not collect fees unless we win and you are compensated for your injury. If you or a loved one has been injured or killed due to the defect of a product, then Contact Us as soon as possible for your free legal consultation.
Companies that manufacture and distribute products have experienced legal counsel on their side, and so should you!