There are Iowa residents that have been closely watching developments in a case regarding certain Biomet metal-on-metal hip implants. Progress is being made in the Biomet settlement being pursued in U.S. District Court for the Northern District of Indiana. There, over 2,400 Biomet complaints from various judicial districts were combined in what is termed multi-district litigation (MDL Case No. 2391).
Biomet Settlement Details
On September 17, 2014, a joint status report was released by the court that detailed settlement progress. A preliminary Biomet settlement agreement had been achieved in February 2014, and the hip implant manufacturer, Biomet Orthopaedics, deposited $50 million into an escrow fund to help pay claimants. The Biomet settlement addresses only those that had an M2a 38 or M2a Magnum Biomet hip replacement. The settlement is also limited to those that then required hip revision surgery within 180 days following the original Biomet surgical procedure. However, there is a provision in the agreement that addresses those that may require future hip revision surgery.
Reasons for Biomet Complaints
Lawsuits have been filed regarding the Biomet medical device for a number of reasons. In some instances, patients experienced severe pain following their hip surgery, and revision surgery was required. In other cases, complainants allege that toxic metal particles of chromium and/or cobalt were released due to alleged faulty contact between metal components in the device.
These particles were alleged to have irritated surrounding tissue, or they were alleged to have caused metal poisoning when they entered the bloodstream. Finally, some complaints in Iowa and elsewhere have alleged that Biomet Orthopaedics continued to assert that its hip devices were effective and safe even after the company had already received numerous complaints regarding them.
In the proposed Biomet settlement agreement, each complainant is to receive a minimum award of $200,000. However, when certain variables are present, awards may be increased via mediation. Certain complainants have already requested mediation.
Biomet Settlement Fund Created
Those that qualify will receive funds from the PEC Biomet Qualified Settlement Fund that has been established by the court. Garretson Resolution Group Inc. is administering this fund, and it is being held at the PrivateBank and Trust in Chicago. It is estimated that total payouts in the case will eventually exceed $100 million.
Have You Been Injured by a Biomet Hip?
Consider contacting Attorney Group for Iowa with questions regarding Biomet hip implants. Even those in Iowa that have not yet filed legal complaints may have certain options available to them. It is possible for you to consult with us about your situation or that of a loved one. Initial consultations are free. Contact us today to learn more.
