In February 2014, a settlement was announced that addressed more than 2,400 Biomet hip complaints previously filed in U.S. District Court for the Northern District of Indiana. Federal Judge Robert L. Miller is presiding over the Biomet settlement litigation there. The complaints relate to the tendency of the Biomet metal-on-metal hip device to release metallic debris as hip components rubbed against each other. The presence of chromium and/or cobalt particles in the surrounding tissue and in the bloodstream has been linked to a variety of adverse medical conditions in California and across the United States.
Plaintiffs Specified in Biomet Settlement
The Biomet settlement in question only applies to a precisely defined group of patients that 1) received either a Biomet M2a 38 or M2a Magnum hip in initial surgery, and 2) required hip revision surgery during the 180-day period immediately following the original procedure. The Biomet settlement also addresses the interests of those in California and elsewhere that may require future hip revision surgery. It is important for patients to realize that even if they do not qualify for this particular settlement, they should still consult with Attorney Group for California to determine what options they may have.
Two Groups of Plaintiffs Identified
On September 17, a joint status report was filed with the court that discussed specific steps that had been competed in the pursuit of an eventual settlement. The complainants have been divided into two groups. Group 1 includes 513 cases that involve plaintiffs who had completed discovery requirements in a material manner prior to December 31, 2013. Group 2 includes those who completed the discovery requirements between January 1 and June 13, 2014.
A Minimum $200,000 For Each Qualified Plaintiff
The settlement includes a stipulation that every eligible plaintiff will receive at least $200,000. However, the presence of certain variables can increase the amount that each plaintiff might receive. A mediation process is being made available to these individuals. Mediation has already begun for certain Group 1 plaintiffs.
Qualified Settlement Fund Established
At the time, plaintiffs requested both the establishment of a settlement fund and the appointment of a fund administrator. On September 19, Judge Miller asserted that all Biomet settlements, both state and federal, will be paid into a new PEC Biomet Qualified Settlement Fund, established per Treasure Regulation Section 1.468B-1. It is estimated that more than $100 million in settlements will be paid in cases filed prior to April 15. The manufacturer of the Biomet hip has already placed $50 million in escrow. The fund administrator and trustee will be Garretson Resolution Group Inc., and the settlement fund will be held at Chicago’s PrivateBank and Trust.
Assistance For Other Biomet Hip Recipients
In spite of this particular Biomet settlement, those in California and elsewhere injured by a Biomet hip that are not already plaintiffs may still have legal options. To discuss the specifics of your personal situation or that of a family member, please contact Attorney Group for California. We provide a free consultation where we can discuss your case and help you decide if you wish to pursue a claim. We can also connect you with an affiliated attorney who can help you throughout the legal process. Contact us today to get started.
