Multi-district litigation (MDL) pertaining to allegedly defective hip replacements from Biomet Orthopaedics is progressing toward a final Biomet settlement in Indiana. Certain Tennessee patients who received Biomet hips should be aware of the litigation in the U.S. District Court for the Northern District of Indiana. A total of more than 2,400 Biomet complaints have been filed with the court in a case in which Federal Judge Robert L. Miller is presiding.
A Tennessee Woman Sues
One woman in Tennessee specifically alleged in Case No. 3:13-cv-508 in the U.S. District Court for the Northern District of Indiana that an allegedly defective Biomet M2a Magnum hip implant caused injuries, and that hip revision surgery was required. In the complaint, the plaintiff states that she received a Biomet hip implant on April 13, 2009. The suit filed on behalf of the Tennessee resident alleges that the manufacturer was already aware of over 100 complaints related to the M2a Magnum device, but the device was still represented as both safe and effective. The suit alleges that she suffered severe pain and elevated metal ion levels.
Because the alloy steel used in the implants contained chromium and cobalt, such suits typically allege that metal-on-metal friction released microscopic metal particles into plaintiffs’ bodies, allegedly causing metal poisoning.
Biomet Settlement Announced
A preliminary Biomet settlement was announced in February of 2014, and a qualified settlement fund was established in September 2014. It is believed that, ultimately, over $100 million will be paid out to complainants involved in this action in Federal court in northern Indiana.
However, the aforementioned Biomet settlement specifically addresses only those that received M2a 38 or M2a Magnum Biomet hips in initial surgery, and then required revision surgery within 180 days. Additionally, the settlement addresses those who may still require a hip revision procedure in the future.
Settlement Fund Created
As a result of the settlement agreement, a trust fund has been created, and Judge Miller named a fund administrator on September 19. The judge has ruled that all Biomet settlement funds are to be deposited into the so-called PEC Biomet Qualified Settlement Fund, to be administered by the Garretson Resolution Group Inc. PrivateBank and Trust in Chicago will maintain the fund. Biomet Orthopaedics had previously put $50 million into escrow, and total payouts regarding existing claims are expected to surpass $100 million.
Each existing plaintiff is slated to receive a minimum of $200,000. However, mediation will be available to those that may merit higher payments due to the presence of certain variables. Some of the plaintiffs in the MDL in the aforementioned Federal Court have already requested mediation in order to seek increased payments.
Have You Been Injured by a Biomet Hip?
Those that have not filed a Biomet lawsuit thus far may still have options. If you or a loved one is believed to have suffered pain, a need for revision surgery or other adverse results due to a Biomet implant, please contact us. We can answer your questions and connect you with an affiliated attorney if you decide to pursue a claim. Contact us today to learn more in a free consultation.