Both plaintiffs and the defendant are working to finalize a Biomet settlement to offer relief to patients who were allegedly forced to undergo revision procedures due to the company’s defective metal-on-metal hip implant. According to the lawsuits in the litigation, many patients suffered from severe complications caused by the device that resulted in increased medical bills, pain and suffering, and time away from work.
There are more than 2,400 Biomet lawsuits currently pending in a federal multidistrict litigation in the U.S. District Court, Northern District of Indiana. On September 19, 2014, Judge Robert L. Miller Jr. explained that all resolutions reached in federal or state Biomet hip litigations shall be paid into the PEC Biomet Qualified Settlement Fund, including money received from the settlement’s escrow account.
The judge also stated that the defendants have no liability to the settlement fund or with regard to the conduct of the Fund Administrator. Instead, according to the judge, the defendants’ liability will be terminated when the companies make payments into the settlement fund.
Additionally, according to a September 17 joint status report, the lawsuits have been divided into two groups:
- Group 1: 513 cases that completed discovery requirements by December 31, 2013
- Group 2: plaintiffs who completed fact sheets between January 1, 2014 and June 13, 2014
Although the initial Biomet settlement required plaintiffs to submit the required paperwork by June 13, the company has stated that it will continue to review documents that were submitted after this date.
Biomet Settlement Progresses
A Biomet settlement was announced in February 2014 between Biomet and patients who were fitted with the M2a Magnum all-metal hip implant, which has a reported history of releasing metallic shards into the body as the metal parts rub against one another. Should enough metal ions accumulate in the bloodstream, the patient may suffer from metallosis, or metal toxicity.
The settlement agreement could exceed $100 million, according to experts, and the company reportedly placed $50 million in escrow under the terms of the agreement. As of December 2013, there were approximately 750 settlement-eligible Biomet lawsuits that had been filed in the MDL, and the deal provided a base award of $200,000 for patients who underwent revision procedures more than 180 days, and up to five years, after receiving an M2a Magnum or M2a 38 implant.
Plaintiffs who were fitted with the device for less than six months were allocated $20,000 each. The Biomet settlement stipulates that plaintiffs who have not yet undergone revision surgeries will still be eligible to pursue a claim if they should require such a procedure in the future.
There is Still Time to Pursue Your Claim
Although a Biomet settlement is in progress, it is not too late to file a lawsuit and recover damages for your injuries. If you or a loved one has been harmed by a Biomet hip, you may still have options. For this reason, it is important to seek legal counsel to discuss your situation. Contact Attorney Group today for a free case evaluation, and we can connect you with one of our affiliated attorneys who can assist you through the legal process.
