Many Kentucky residents have been monitoring developments in defective hip replacement litigation. In the neighboring state of Indiana, a preliminary settlement was reached in the U.S. District Court for the Northern District of Indiana that addressed 2,400 or more Biomet hip complaints that had previously been filed there. The Biomet settlement was originally announced February 2014.
Qualified Plaintiffs Identified
The Biomet settlement only includes patients that received an M2a 38 or M2a Magnum Biomet hip during their initial hip replacement surgery. It is further confined to those Biomet hip recipients that needed hip revision surgery during the 180 days following that original surgical procedure. This Biomet settlement also speaks to those that may need hip revision surgery in the future.
Certain Biomet hips, in Kentucky and in many other states, been allegedly linked to the release of microscopic chromium or cobalt particles into human tissue and/or the bloodstream. The presence of these toxic metals in certain patients has been identified with a variety of medical problems that have allegedly led to illnesses or even death.
Plaintiff Groups Defined
A joint status report was filed in the particular Federal court in Indiana on September 17. This report stated that the plaintiffs had been divided into two different groups. The first group of 513 plaintiffs includes those who competed the required patient questionnaire in a material way before December 31, 2013. The second group includes plaintiffs that completed the required discovery documents between January 1, 2014 and June 13, 2014.
Each Qualified Plaintiff to Receive at Least $200,000
The settlement agreement emerging from the Federal court stipulates that each plaintiff will get at least $200,000. Certain factors may result in increased awards for certain recipients of allegedly defective Biomet hips. Mediation will determine the final amounts due in these cases. Some patients in the first group are already in mediation.
Biomet Settlement Fund Created
To facilitate the dispersal of funds, a so-called “Qualified Settlement Fund” has been created. On September 19, Judge Miller ruled that funds related to both state and federal Biomet cases will all go into the PEC Biomet Qualified Settlement Fund. This fund was established pursuant to Treasure Regulation Section 1.468B-1.
The Biomet manufacturer has already placed $50 million in escrow that will be used to pay Biomet settlements. In cases filed before April 15, it is now estimated that total settlements will be more than $100 million. Garretson Resolution Group Inc. has been named the fund administrator, and the fund is to be maintained by the PrivateBank and Trust in Chicago.
Contact Us With Your Biomet Questions
If you or a family member in Kentucky or elsewhere has received a Biomet hip in a surgical procedure, there may still be legal options available. Our helpful and knowledgeable staff at Attorney Group for Kentucky is here to provide assistance. If you decide to pursue a claim, we can connect you with an affiliated attorney who can assist you through the legal process. Contact us today to learn more in a free consultation.
