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Sulzer Hip Implant - Class Action Information
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December 19, 2002 -- James J. McMonagle, Claims Administrator to the Sulzer Settlement Trust, announced today that the Trust
is issuing payments totaling over $285,000,000 to approximately 5,500 claimants who have filed Claims arising from the
implantation of certain hip and knee replacement joints manufactured by United States subsidiaries of Swiss medical device
manufacturer, Sulzer (now “Centerpulse”). The Trust was created pursuant to the Class Action Settlement Agreement, which
was approved by the Honorable Kathleen M. O’Malley, United States District Judge of the Northern District of Ohio in May
of this year. The $1 billion Settlement, which became final after no appeals were filed, provides compensation to Class
Members who qualify for benefits.
To qualify for benefits, Class Members must prove that they were implanted with one of the hip or knee replacements involved
in the Settlement. These products include specific hip replacements known as an Inter-Op™ Acetabular Shell and specific knee
replacements known as a Natural Knee II® Tibial Baseplate. Class Members must submit Claim Forms and medical records proving
that they were implanted with the specific products, known as “Affected Products” and that they otherwise meet the criteria
spelled out in the Settlement Agreement necessary to receive a payment. The range of benefits depends on whether the Class
Member can prove implantation of an Affected Product, whether the Affected Product has been removed and replaced in a subsequent
surgery, and whether there have been further medical complications arising from the surgery or condition.
“Today’s payment is a tribute to Judge O’Malley’s hard work in approving a Settlement that provided compensation quickly and
fairly to deserving claimants,” said Eric Kennedy, lead Class Counsel with Weisman, Goldberg & Weisman Co., in Cleveland.
“Claimants getting paid today have worked hard to complete their claim forms and send in all of the necessary paperwork to
allow the Claims Administrator to issue a determination that they are qualified for benefits.”
The Settlement Agreement contains specific deadlines by which Claimants must act to file their Claims. For further information,
contact the office of the Claims Administrator at (800) 683-1861.
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