Unlike in a class action, the lawsuits in that federal consolidation all have the opportunity for individual trial or settlements.
(PRWEB) November 13, 2013
Medical device maker Biomet is the defendant in a class action filed in the Ontario Superior Court of Justice in Canada over the company’s M2A Magnum metal-on-metal hip implant, according to court documents. The Rottenstein Law Group LLP, which manages a Biomet hip lawsuits and side effects website at http://www.biomet-hip-lawsuit.com, explains class actions and offers updates on Biomet hip lawsuits in the United States.
Plaintiff Steven Dalton Dine, on behalf of the class, alleges negligence in design, manufacturing and marketing, in addition to allegations that the M2A Magnum is unfit for its intended use, among other things, according to court documents filed this month (Steven Dalton Dine v. BIOMET, INC., BIOMET ORTHOPEDICS, LLC, BIOMET MANUFACTURING CORP., BIOMET US RECONSTRUCTION, LLC and BIOMET CANADA INC.; CV-10-415755-00CP, Ontario Superior Court of Justice). Dine, as representative of the class, is asking for $100 million in compensatory damages and $10 million in punitive damages, in addition to other compensation related to lost income and surgical care.
Rottenstein Law Group LLP principal Rochelle Rottenstein said that those looking to be a part of a class action in the United States should consider whether class action is more appropriate than individual action.
“A class action has one major downside: Assuming that the plaintiffs prevail, the end result is usually that the plaintiffs do not recover as much compensation as they would if they were individually filing lawsuits,” Rottenstein said. “Anyone who believes he or she was hurt should speak to a lawyer about the best way to proceed.”
There are more than 600 individual Biomet lawsuits consolidated in federal court in Indiana, according to court documents (In re: Biomet M2A Magnum Hip Implant Products Liability Litigation; MDL-2391, U.S. District Court for the Northern District of Indiana).
“Unlike in a class action, the lawsuits in that federal consolidation all have the opportunity for individual trial or settlements,” Rottenstein said. “Should a plaintiff prevail in such a situation, the compensation is usually more in line with a plaintiff’s interests.”
The Rottenstein Law Group LLP encourages those who believe they have suffered from the M2A’s alleged side effects to visit its FAQ page for quick answers to questions about lawsuits, settlements and side effects.
About THE ROTTENSTEIN LAW GROUP LLP
The Rottenstein Law Group LLP is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices and medications. (Attorney advertising. Prior results do not guarantee a similar outcome.)
The Rottenstein Law Group LLP
Rochelle Rottenstein, Esq.
321 W. 44th Street
New York NY 10036
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)
rochelle (at) rotlaw (dot) com