In re: Sulzer Hip Prosthesis and Knee Prosthesis Product Liability Litigation, MDL No. 1401 Index of Opinions of the Special Master Reviewing Claims Administrator's Final Determinations |
Select an Issue to view Appeal Document(s) |
No. | Issue |
1. | Absence of Trauma |
2. | Abuse of Discretion Standard - Facts |
3. | Affected Product, Conflicting Records of Submission |
4. | Affected Product, Handwritten Lot Number Invalid |
5. | Affected Product, Liner Included in Recall |
6. | Affected Product, Momentary Placement Not Implantation |
7. | Affected Product, Operative Report Submission |
8. | Affected Product, Proof of Implantation |
9. | Affected Product, Proof of Revision |
10. | Affected Product, Surgeon Statement Satisfying Requirements of Question 7.b |
11. | Affected Product, Timely Proof of Implantation |
12. | Attorney Fee Benefit, Proof of Representation |
13. | Attorney Fee Benefit, Applicability of CAP 9 |
14. | Attorney Fee Benefit, Representation After February 2, 2002 |
15. | CAP 27, Wound Infections Occurring Prior to CRS are not Eligible for EIF Benefits |
16. | CAP 29, Federal Law vs. Delaware Law |
17. | Denial of Additional Benefits |
18. | Denial of Extension of Time to Undergo Affected Product Revision Surgery |
19. | Denial of Oral Argument on Appeal |
20. | Derivative Claims made prior to CAP 26 Approval |
21. | Excusable Neglect |
22. | Final Determination Appeal Not Filed with Court |
23. | Injury Claimed Should be Considered Pursuant to Matrix Level IX |
24. | Late Submission, Attorney Actions Attributable to Claimants |
25. | Late Submission, Attorney Error |
26. | Late Submission, Attorney Negligence |
27. | Late Submission, Awaiting Contract from Referring Attorney |
28. | Late Submission, Believed He/She Opted-Out |
29. | Late Submission, Contingency Fee Agreement |
30. | Late Submission, Desire to File All Documents Together |
31. | Late Submission, DRV Unaware Separate Claim from APR was Required |
32. | Late Submission, Family Concerns |
33. | Late Submission, FD Appeal |
34. | Late Submission, Generally |
35. | Late Submission, Inability to Obtain Medical Records |
36. | Late Submission, Medical Records |
37. | Late Submission, Miscalculation |
38. | Late Submission, Misleading Information |
39. | Late Submission, No Excuse Provided |
40. | Late Submission, Notice Campaign Challenge |
41. | Late Submission, Preliminary Determination Contest |
42. | Late Submission, Personal Reasons |
43. | Late Submission, Unawareness of Deadline |
44. | Late Submission, Withheld Submission Due to Possibility of APRS |
45. | Late Submission, Within Control of the Class Member |
46. | Lot Number Provided Not an Affected Product |
47. | Matrix III - Acetabular Liner Replacement Does Not Qualify as a Non-Affected Product Revision Surgery |
48. | Matrix III - Non-Affected Product Revision Surgery Occurred more than 360 Days After the Covered Revision Surgery |
49. | Matrix III - A Non-Affected Product was not Removed and/or Replaced During this Surgery |
50. | Matrix V - Abuse of Discretion |
51. | Matrix V - Permanent Injuries must be Demonstrated by Quantitative Studies and Physical Examination 365 Days Post-Covered Revision Surgery |
52. | Matrix V - Permanent Injury - Pain, Sensory Loss, or Gait Alteration Requiring Use of Cane, Walker and/or Narcotics Not Proven |
53. | Matrix IX - Abuse of Discretion |
54. | Matrix IX - Claims for Future Damages are not Eligible for Compensation |
55. | Matrix IX - Claims for Insurance Expenses Should be Considered Under the Subrogation Provisions of the Settlement Agreement Rather than the EIF |
56. | Matrix IX - Injury is Catastrophic and Extraordinary, and is Causally Related to the Affected Product and/or the Covered Revision Surgery |
57. | Matrix IX - Injury is Contemplated by Another Section of the Settlement Agreement and/or other Matrix Levels |
58. | Matrix IX - Wage Loss is Less than $20,000 |
59. | Matrix IX - Wound Infections Occurring Outside the Timeframe Prescribed by Matrix IV are not Eligible Under Matrix IX |
60. | Moderate Injury - Use of Cane, Walker and/or Narcotics Not Proven |
61. | New Evidence on Appeal |
62. | A Non-Affected Product Revision Surgery was Defined by the Settlement Agreement Prior to the Adoption of CAP 27 |
63. | Non-Removal Surgery Ineligible For APRS |
64. | Offsets, Applicability of |
65. | Possible Future Surgeries are not Compensable Under the EIF |
66. | Preliminary Determination, Right of Claims Administrator to Revise |
67. | Reprocessed Shell Ineligible for Unrevised APR Benefits |
68. | Revision Surgery, Definition of |
69. | Severe Injury - Use of Wheelchair or Need for Amputation Not Proven |
70. | Significant Other - CAP 26 |
71. | A Timely Blue or Orange Form did not Accompany the Submission of the Green Form |
72. | Uninsured Affect Product Recipient - Definition Of |
73. | Unrevised Affected Product Recipient Claim Filing Extension due to Proof of Surprise, Mistake, Inadvertence and/or Excusable Neglect |