While there are some limitations, the settlement represents another victory for over 600 pending claims. Wright Medical has already agreed to settle more than 1,300 claims of certain Wright Medical metal-on-metal hip implant patient-claimants whose hips were revised at least 150 days and no more than eight years post-implant.
As a brief history, the Wright Conserve Multi-District Litigation (MDL) was created in February 2012, consolidating all federal court cases in the Northern District of Georgia before United States District Judge William S. Duffey, Jr. Additionally, a Judicial Council Coordination Proceeding (JCCP) petition was approved in May 2012 before Los Angeles Superior Court Judge Jane Johnson, consolidating California state-court cases involving Wright Medical hip replacement and revision matters, including Wright Medical's Conserve, Lineage, and Dynasty hip implants. The Hon. Judge Ann Jones has since taken over this JCCP. The Hon. Diane M. Welsh (Ret.), led the extended settlement negotiations and has tirelessly worked with the parties to help facilitate the settlement.
A key issue was Wright's ability to pay settlements. "As part of Plaintiffs' Leadership Counsel, we retained financial analysts who had been evaluating Wright Medical's ability to settle these pending cases for years," said Michael McGlamry, a shareholder of Atlanta-based Pope McGlamry, P.C. "During the negotiations with Wright Medical, it was made clear that claims for non-revised Wright metal-on-metal hips should be dismissed by the respective court under a tolling agreement and plaintiffs that have opted out of one of the three settlements should be remanded by the respective court."
Kirk Pope, a Pope McGlamry P.C. shareholder who also serves as Plaintiffs' Leadership Counsel, explained that the settlement calls for a payout over time, because of Wright's financial condition and Wright is working to obtain $35 million from its insurance carriers by December 31, 2017. "Wright has been in litigation with them for three years," he said. "The total amount of the second and third settlement programs is $89.75 million, bringing the total for all settlements to $340 million."
When combined with the first settlement, the final settlement will cover all eligible claims left in the MDL, JCCP and on tolling agreements. Due to Wright's financial situation, values will be discounted from the first settlement, but will include standard awards as well as an Enhanced Injury Fund (EIF) to supplement more significant injuries.
When completed, the only remaining claims will be ineligible claims, which should be remanded by the court, non-revised claims dismissed by the court (also under the tolling agreement), and claims to be remanded by the court as opt-outs from one of the three settlements.
Plaintiffs' Leadership Counsel include:
Michael L. McGlamry and Kirk Pope of Pope McGlamry, P.C. in Atlanta, Georgia, email@example.com, firstname.lastname@example.org
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If you or your loved one has experienced complications or pain due to a defective hip implant, please contact our team today. We are well versed in complex cases and can help you get the compensation you deserve.
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