Stryker Rejuvenate Class Action
This class action has been settled.
The Stryker Rejuvenate class action and the settlement applies only to 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.
If you were implanted with a Stryker Rejuvenate Modular Hip System, please review the “Latest Developments” and “FAQ” tabs below. You can also contact 416-977-8353 or strykerclassaction@kmlaw.ca for more information.
If you were implanted with a different device that is not the Stryker Rejuvenate Modular Hip System, you are not a member of the class and will not qualify for any recovery under the settlement. This means that if you wish to pursue a legal action you will need to contact and retain a different law firm.
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Latest Developments
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March 30, 2020
The claims period is now open.
Class Members must file a claim with the Claims Administrator on or before their applicable claims period.
For Claimants Revised as of February 6, 2020 and for Medically Precluded Claimants, the Claim Form must be completed and returned to the Claims Administrator by October 16, 2020.
For Claimants Revised after February 6, 2020 but before September 29, 2022, this form must be completed and returned to the Claims Administrator no later than ninety (90) days after your Qualified Revision Surgery or by September 29, 2022, whichever date is earlier.
It is your responsibility to determine your eligibility and to submit your claim to the claims administrator prior to the deadline.
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March 25, 2020
Settlement Update
A motion to approve the settlement agreement was heard by the Ontario Superior Court on January 6, 2020. The Settlement agreement was approved. The order approving the settlement agreement can be found here.
Notice of Settlement Approval in English can be found here. Notice of Settlement Approval in French be found here.
For more Information or to Obtain a Claim Form, please contact our office 416-977-8353 or via email: strykerclassaction@kmlaw.ca
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February 18, 2020
The claims period has not opened yet. We expect it will open soon. When it does, a final claim form will be available.
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January 29, 2020
The Stryker Rejuvenate class action settlement has been approved. The claims period will open on February 6, 2020. If you have retained Koskie Minsky LLP to assist you with your claim form, a representative from Koskie Minsky will contact you for information to assist in preparing your claim form.
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October 25, 2019
Settlement Update
Please note that the lawsuit and the settlement described below do NOT relate to any other Stryker hip implant system, including the Rejuvenate Monoblock Hip System.
The Defendants, while not admitting liability, have agreed to a settlement of this lawsuit. 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.
For a copy of the settlement agreement, which sets out how much compensation you might be entitled, you may contact class counsel.
A motion to approve the settlement agreement is scheduled to be heard by the Ontario Superior Court in Toronto on January 6, 2020.
All class members have the right to object to the settlement or Class Counsel fees, by delivering a written submission to Class Counsel on or before December 23, 2019 at 5:00 p.m. EST. Class members who deliver a notice of objection in a timely way also have a right to present arguments to the Ontario Court as regards the settlement.
A class member who wishes to object to the settlement shall provide in his or her objection to Class Counsel:
- The full name, current mailing address, fax number, telephone number, and email address of the person who is objecting;
- A brief statement of the nature and reasons for the objection or, if you want the settlement to proceed, that you support for the settlement;
- A declaration that the person believes he or she is a member of the Class and the reason for that belief including, if available, the catalogue and lot numbers of his/her Rejuvenate Modular Hip System;
- Whether the person intends to appear at the Approval Hearing on January 6, 2020 or intends to appear by counsel, and if by counsel, the name, address, telephone number, fax number, and email address of counsel; and
- A declaration under the penalty of perjury that the foregoing information is true and correct.
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June 26, 2018
The parties are in the discovery phase of the litigation.
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March 21, 2016
The order approving the notice of certification of this action was granted. A copy of the order is available here.
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December 8, 2015
By Order of Justice Belobaba dated December 8, 2015, this action was certified as a class action. Notice to class members will be delivered in accordance with the Class Proceedings Act, 1992.
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February 13, 2015
The plaintiff has filed its motion record for certification.
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October 7, 2014
The parties agreed on the following timetable for the motion for certification:
February 4, 2015
Plaintiff’s Motion Record on the Motion for Certification
June 4, 2015
Defendants’ Responding Materials on the Motion for Certification
July 3, 2015
Plaintiffs’ Reply Record
September 18, 2015
Cross-Examinations to be Completed
October 16, 2015
Plaintiffs’ Factum
November 16, 2015
Defendants’ Factum
November 30, 2015
Reply Factum
Week of December 7, 2015
Certification Hearing
- May 15, 2014
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March 30, 2020
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