Kansas citizens following Biomet hip litigation should be aware of the latest developments in MDL Case No. 2391 in the U.S. District Court for the Northern District of Indiana. This multi-district litigation includes over 2,400 complaints previously filed regarding Biomet metal-on-metal hip implants. In February 2014, a preliminary Biomet settlement agreement was announced between the plaintiff and Biomet Orthopaedics, the manufacturer of the hip implant. On September 17, 2014, the court released a joint status report that detailed further action in the matter.
Qualified Biomet Settlement Fund to be Created
Presiding Judge Robert L. Miller has ordered the creation of a PEC Biomet Qualified Settlement Fund, pursuant to Treasury Regulation Section 1.468B-1. All Biomet-related awards are to be made through this settlement fund, regardless of whether the cases were originally filed in state or federal court. Garretson Resolution Group, Inc. will be the fund’s administrator, and monies will be deposited at the PrivateBank and Trust in Chicago that will ultimately be paid out to plaintiffs in Kansas and in many other states.
Base Payment of $200,000 Agreed Upon
The report further states that all qualified litigants participating in the Biomet settlement will be eligible for a base payment of $200,000. However, when certain aggravating circumstances are present, higher awards may be possible via mediation. Biomet Orthopaedics previously put $50 million in an escrow fund that will represent a source of funds for the payouts. It is estimated that overall payments to plaintiffs in Kansas and elsewhere will eventually exceed $100 million.
There are various standards that qualified plaintiffs must meet. For example, only those that received an M2a 38 or M2a Magnum Biomet metal-on-metal hip in initial surgery are eligible. Also, they must have had a hip revision operation within 180 days of that first operation. There is another provision in the current Biomet settlement agreement that addresses Biomet hip recipients that may require future revision surgery.
Alleged Biomet Hip Issues
Biomet complaints have often cited particular alleged problems. One is that some implant recipients experienced severe pain that required a second corrective procedure. Another is that metal debris was created by metal-on-metal contact, and that this debris irritated surrounding tissue and/or caused blood poisoning. A third complaint alleges that Biomet knew of problems with its medical device, but it continued to represent the device as both safe and effective.
Have You Been Injured By a Biomet Hip?
Although the Biomet settlement litigation is progressing for many current complainants, patients that are not yet involved in litigation may still have certain legal options. To review the specifics of your personal situation, or that of a loved one, please contact Attorney Group for Kansas. We can discuss your case in a free consultation, and if you decide to pursue a claim, we can connect you with an affiliated attorney. Contact us today to learn more.