Sulzer Implant Settlement

Sulzer Implant Settlement

On May 8, 2002, Judge Kathleen O’Malley of the United States District Court for the Northern District of Ohio approved the Class Action Settlement in the litigation known as In re Sulzer Hip Prosthesis and Knee Prosthesis Product, MDL No. 1401. This website explains the terms of the Settlement, advises you of important deadlines, and explains how to make a Claim for Settlement benefits. If you have any questions about the Settlement, you may call 1-800-683-1861 or write to Claims Administrator, P.O. Box 94558, Cleveland, Ohio 44101-4558.

CLICK HERE   Click Here for information about the status of payment of Sulzer benefits.

Class Member and Attorney Guide

I. INTRODUCTION

Sulzer Orthopedics Inc., Sulzer Medica AG (collectively "Sulzer") and Sulzer AG have agreed to settle certain legal claims that are pending or that may be brought against them relating to some of the following implantable medical devices that they marketed: the Inter-Op™ Acetabular Shell Hip Implant ("Inter-Op Shell"), the Reprocessed Inter-Op™ Acetabular Shell Hip Implant ("Reprocessed Inter-Op Shell") and the Natural Knee II® Tibial Baseplate Knee Implant ("Tibial Baseplate").

This Class Action Settlement Agreement ("Settlement Agreement" or "Settlement") was preliminarily approved by the Honorable Kathleen M. O’Malley, United States District Court Judge, Northern District of Ohio ("the Court") on March 13, 2002. The Class Members affected by this Settlement Agreement are as follows:

• Persons who were implanted with an Inter-Op Shell;
• Persons who were implanted with a Reprocessed Inter-Op Shell;
• Persons who were implanted with a Tibial Baseplate; or
• Spouses, "significant others" (collectively "Derivative Claimants") and legal representatives ("Representative Claimants") of persons who were implanted with an Inter-Op Shell, Reprocessed Inter-Op Shell or Tibial Baseplate.

These materials contain instructions on how to submit a claim for benefits pursuant to the Class Action Settlement. It also provides information about how to exclude yourself from the Class Action Settlement or how to object to the Class Action Settlement, if you choose to do so.

Whether you should participate in the Class Action Settlement is an important decision. You may wish to consult with Class Counsel, an attorney of your choosing who is familiar with handling these types of claims, and/or with your physician if you need assistance in understanding these materials, your rights, or your medical condition.

Together with this Guide, you should have received the Final Notice of Settlement of Nationwide Hip Prosthesis and Knee Prosthesis Product Liability Class Action Litigation ("Final Notice"), which explains the Settlement Agreement and associated legal proceedings in more detail. You also should have received the Claim Forms that must be completed and submitted in order to receive consideration for benefits under the Settlement Agreement. To the extent that any provisions of this Guide, Final Notice, or the Claim Forms differ from the terms of the Settlement Agreement, the terms of the Settlement Agreement control.

Continue with Class Member and Attorney Guide