Biomet Metal-on-Metal Hip Implant Litigation Update: $56 Million Settlement Approved; Qualified Biomet Patients Need to File Lawsuit by April 15, 2014

The federal judge overseeing the Biomet Inc. metal-on-metal hip litigation recently approved a two-part settlement agreement involving two Biomet metal hip implant devices for at least $56 million. A qualified Biomet Magnum M2A implant patient must file a lawsuit by April 15, 2014 to be included in the settlement, Parker Waichman LLP Notes

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Thousands of individuals who were implanted with all-metal hips are suffering from an array of adverse reactions that have left them in pain, immobilized, or dealing with the effects of metallosis—dangerous levels of metal ions in their bloodstreams.

New York, New York (PRWEB) March 26, 2014

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, reports that a multidistrict litigation (MDL) organized in Indiana and involving two of Biomet Inc.’s metal hip device implants has been settled. The lawsuit was filed on behalf of patients who allege injuries resulting from the M2a Magnum Hip Replacement System. Lawsuits continue to mount and have been organized in U.S. District Court, Northern District of Indiana and include some 1,268 claims, an increase of at least 120 claims in the past month, alone. (In re: Biomet M2a Magnum Hip Implant Products Liability Litigation, MDL No. 2391)

Device maker, Biomet Inc., announced that it will be pay at least $56 million to settle the MDL which involves consumer claims that the device maker manufactured a defective metal-on-metal hip implant device that may lead to serious metal ion build-up in patients’ bodies. Allegations also include that the device may lead to metallosis (metal poisoning), difficulty walking, pain, and premature hip failure. These issues may, in turn, lead to a need for revision surgery to remove and replace the device.

This settlement agreement extends to all cases currently pending in the Biomet MDL, and any future cases filed in a federal court on or before April 15, 2014. The agreement received approval from U.S. District Judge Robert L. Miller Jr. (In re: Biomet M2A Magnum Hip Implant Products Liability Litigation, case number 3:12-md-02391, in the U.S. District Court for the Northern District of Indiana)

According to the settlement’s definition, a qualified plaintiff is defined as a plaintiff who was implanted with a Biomet M2a-38 or M2a-Magnum hip implant and who later required that metal hip device to be “revised”—removed or repaired. Each of these qualified individuals will receive a base payment of $200,000; however, there are a number of variations to this amount, according to Law360, which are based on a variety of court-approved conditions, the settlement indicates.

Various device makers have issued large recalls for their metal hip device components, such as Johnson & Johnson unit DePuy Orthopaedics Inc. and Smith & Nephew PLC. Meanwhile, DePuy, Wright Medical Technology Inc., and Biomet are also involved in MDLs associated with their metal hip devices, the Law360 report indicates. Last November, Johnson & Johnson agreed to pay a $2.5 billion settlement to resolve approximately 8,000 lawsuits over its hip devices.

Stryker Corp,. a Biomet competitor, has settled four lawsuits involving injury allegations involving defective hip implant devices. These lawsuits were brought over injuries allegedly caused by defective hip implants and have been consolidated in New Jersey court, according to a December court order, write Law360. The parties agreed to enter mediation in April in an effort to resolve more than 500 lawsuits that were coordinated in a multicounty litigation over allegations tied to Stryker's Rejuvenate and ABG II modular-neck stems.

Plaintiffs similarly allege that they were forced to endure painful and invasive surgeries over the defective, metal hip implant devices. To date, six cases have undergone mediation and four were settled by the middle of December 2013, court records indicate, according to the Law360 report.

Meanwhile, the U.S. Food and Drug Administration(FDA) found that metal-on-metal hip devices are likely to fail prematurely when compared to hip devices constructed of other materials, including plastic and ceramic. Last year, the FDA directed patients who had received metal-on-metal hip implants who experience adverse reactions to seek medical attention and also indicated that it was proposing regulations that would mandate metal-on-metal devices undergo increased regulatory scrutiny.

“Thousands of individuals who were implanted with all-metal hips are suffering from an array of adverse reactions that have left them in pain, immobilized, or dealing with the effects of metallosis—dangerous levels of metal ions in their bloodstreams,” says Daniel C. Burke, Senior Associate at Parker Waichman LLP. “Our firm continues to receive and review these cases and offers hope to people who have undergone ambulation issues, pain, and additional surgeries.”

Parker Waichman LLP is still reviewing cases involving Biomet metal-on-metal hip devices and continues to offer free lawsuit consultations to victims of hip implant injuries. Qualified Biomet patients’ cases must be filed no later than April 15, 2014, so be sure to contact the Firm as soon as possible to ensure that your case will be filed in time.

If you or a loved one experienced complications following implantation with a metal-on-metal hip device, please visit the firm's metal-on-metal hip device page at yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).

Contact: Parker Waichman LLP
Gary Falkowitz, Managing Attorney
1+ (800) LAW-INFO
1+ (800) 529-4636
http://www.yourlawyer.com

http://www.innd.uscourts.gov/mdl/Biomet%20Settlement%20Agreement.pdf
http://www.law360.com/articles/506687/biomet-to-pay-56m-to-settle-hip-replacement-mdl


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