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Biomet Verdicts & Settlements

While some cases are still pending in state courts, Biomet reached a $56 million settlement for MDL cases in Indiana. Patients with M2s hip implants may be eligible for compensation.

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Biomet is facing more than a thousand lawsuits over its M2a Magnum metal-on-metal (MoM) hip implant. That number is relatively low compared to medical manufacturing giants like DePuy and Stryker, who are expected to pay out billions of dollars to patients harmed by their products, several of which have been recalled.

Nonetheless, in order to forestall the costs of a protracted legal battle and eliminate the uncertainty of fighting cases in open court, Biomet recently reached a $56 million settlement in cases consolidated into multidistrict litigation in federal court in Indiana. Additional cases are pending in state courts.

Settlement Details

$50 million has been placed in escrow for payment to eligible plaintiffs, while the remainder has been set aside for attorney fees.

Plaintiffs who received a Biomet M2a 38 or M2a Magnum hip implant and had that implant revised more than 180 days after are eligible for base compensation of $200,000 each. That base payment can be discounted for a variety of reasons, however.

Additionally, the following categories of plaintiffs will receive a flat payment of $20,000, regardless of whether they fall into any of the discount categories.

  • $10,000 for plaintiffs whose devices were revised more than 5 but less than 8 years after implantation.
  • $37,500 for plaintiffs whose devices were revised more than 8 but less than 10 years after implantation.
  • $10,000 for plaintiffs who received their implant between August 1, 2010 and July 1, 2011.
  • $37,500 for plaintiffs who received their implant between July 1, 2011 and January 27, 2012.

Additionally, the following categories of plaintiffs will receive a flat payment of $20,000, regardless of whether they fall into any of the discount categories.

  • Plaintiffs whose devices were revised more than 10 years after implantation.
  • Plaintiffs who received a Biomet metal-on-metal hip implant other than the M2a Magnum or M2a38, including: M2a Taper, RingLoc, or ReCap.
  • Plaintiffs who received a metal-on-polyethylene Biomet implant.
  • Plaintiffs who received a MoM Biomet implant for the first time as part of a revision surgery.
  • Plaintiffs who had their Biomet MoM hip implant revised within 6 months.
  • Plaintiffs who had their Biomet MoM hip implant revised, but died for reasons unrelated to the device.
  • Plaintiffs whose cases Biomet believes to be time-barred.

In addition to these discounts, lawyers for the plaintiffs and for Biomet may argue for modified compensation on a case-by-case basis:

  • Certain plaintiffs may be eligible for enhanced compensation, depending on a variety of factors.
  • Biomet may argue that that individual plaintiffs should receive reduced compensation, in cases where an unrelated potential cause for implant failure was detected (e.g. trauma or infection) coupled with no evidence of metal-on-metal injury.

If you have a Biomet MoM hip implant, or have already filed suit against the company because of it, you should consult a qualified attorney to determine if you are eligible for compensation under the terms of this settlement. Eligible claims must have been filed by April 15, 2014, and participants in the suit must file paperwork by June 13 or risk having their compensation delayed and/or reduced.

  1. MDL no. 2391. In re: Biomet M2a Magnum hip implant products liability litigation. Settlement agreement between Biomet, Inc. and Plaintiffs Executive Committee. (2014, January 31).