The U.S. District Court for the Northern District of Indiana has been responsible for handling multi-district litigation (MDL) involving more than 2,400 complaints that have identified Biomet Orthopaedics as a defendant. A September 17, 2014, joint status report notes progress in moving toward a final Biomet settlement, and this may be of interest to affected individuals in Colorado. A preliminary Biomet settlement was reached in February of 2014, and now plaintiffs are another step closer to receiving monetary awards.
Qualified Biomet Settlement Fund Set Up
The presiding judge, Hon. Robert L. Miller, has established a PEC Biomet Qualified Settlement Fund in accordance with Treasure Regulation Section 1.468B-1, and he has named the Garretson Resolution Group, Inc. as the fund’s administrator. Judge Miller has ruled that all Biomet settlement funds will go into this fund, and that it will be maintained at the PrivateBank and Trust in Chicago.
Each Plaintiff to Receive $200,000 or More
The defendants in the matter have previously deposited $50 million into an escrow fund, and total payouts are expected to eventually surpass $100 million. Each qualified plaintiff, from Colorado or any other state, will receive a minimum of $200,000. There is a mechanism in place to get higher Biomet settlement awards for plaintiffs that meet certain standards that point to increased pain and suffering or other losses. A mediator will hear cases where plaintiffs seek higher monetary awards, and certain cases have already proceeded to mediation.
The settlement negotiated through the Federal court in northern Indiana only pertains to patients that underwent surgery to get an M2a 38 or M2a Magnum Biomet hip. Also, litigants had to have undergone hip revision surgery within 180 days after their original procedure. However, a provision has been included to address the needs of those that may require future hip revision surgery.
Alleged Problems With Biomet Hip Implants
Litigants in Colorado and across the country have asserted in Biomet hip complaints that failed Biomet hip implants caused severe pain or resulted in metal particles making their way into surrounding tissue or into the bloodstream. Some of these complaints allege that metal poisoning caused by chromium and/or cobalt particles has had an adverse impact on the health of patients. Some litigation alleges that certain patients have died due to complications of defective Biomet hips.
If either you or a family member has been adversely impacted by a Biomet hip implant, there may still be legal options available to you. Please contact us at Attorney Group for Colorado without delay. We can assist you with your questions, and we can connect you with an affiliated attorney if you decide to pursue a claim. Contact us today to learn more in a free consultation.