Parker Waichman LLP

Biomet, Agrees to $56 Million Metal Hip Device Settlement

The settlement resolves an MDL that was organized in Indiana and involving two Biomet metal hip device implants. Medical device maker, Biomet Inc., agreed to a settlement over a multidistrict litigation (MDL) that involves two of its metal-on-metal hip devices. The settlement amount is for at least $56 million. The federal judge overseeing the case approved […]

Metal Hip Device

The settlement resolves an MDL that was organized in Indiana and involving two Biomet metal hip device implants. Medical device maker, Biomet Inc., agreed to a settlement over a multidistrict litigation (MDL) that involves two of its metal-on-metal hip devices. The settlement amount is for at least $56 million.

The federal judge overseeing the case approved the settlement in two parts, according to Law360. The settlement resolves an MDL that was organized in Indiana and involving two Biomet metal hip device implants: the Biomet M2a-38 and the M2a-Magnum hip implant. The litigation involved allegations that Biomet manufactured a defective metal implant device.

Although Biomet continues to dispute the allegations that are the basis of thousands of federal lawsuits, the device maker agreed to fund an account to be used to issue payments to what the settlement described as “qualified plaintiffs,” according to Law360. The agreement was approved by U.S. District Judge Robert L. Miller Jr.

The settlement defines a “qualified plaintiff” as a plaintiff involved in the MDL who received a Biomet M2a-38

The settlement defines a “qualified plaintiff” as a plaintiff involved in the MDL who received a Biomet M2a-38 or M2a-Magnum hip implant and who later required that metal hip device to be “revised” which, according to the settlement agreement, means that the device was removed or repaired.

Each qualified individual will receive a base payment of $200,000; however, there are variations to the amount, Law360 reported. Variations are based on an array of court-approved conditions, according to the settlement.

This settlement resolves the MDL, which Biomet has been fighting as far back as October 2012, Law360 reported, citing court records, and was approved in two parts. The first part involves Biomet funding an escrow account with $50 million. The account will pay individuals who were harmed by the Biomet M2a-38 or M2a-Magnum implant. The second part of the settlement involves a common benefit settlement agreement.

Various device makers have recalled their metal hip device components, including Johnson & Johnson unit DePuy Orthopaedics Inc. and Smith & Nephew PLC. DePuy, Wright Medical Technology Inc., and Biomet are also involved in MDLs involving their metal hip devices, according to Law360. Last November, Johnson & Johnson agreed to pay a $2.5 billion settlement meant to resolve about 8,000 lawsuits brought over its hip devices.

Biomet competitor, Stryker Corp., settled four lawsuits brought over claims concerning defective hip implant devices

Biomet competitor, Stryker Corp., settled four lawsuits brought over claims concerning defective hip implant devices. The lawsuits were brought over allegations that defective hip implants allegedly led to injuries. Those lawsuits have been consolidated in New Jersey court, according to a December court order, Law360 writes. In that case, the parties agreed to enter into mediation in April to resolve more than 500 lawsuits that were coordinated in a multicounty litigation involving allegations involving Stryker’s Rejuvenate and ABG II modular-neck stems.

The U.S. Food and Drug Administration (FDA) placed the metal hip class of medical devices under increased scrutiny as reports of high failure rates and the devices’ tendency to release high concentrations of metallic debris into patients’ bloodstream and tissue were being received. On January 17, 2013, the FDA issued new patient guidelines, instructing physicians to regularly test symptomatic patients implanted with metal-on-metal devices via physical examinations, diagnostic imaging, and metal ion testing.

Need Legal Help Regarding Metal Hip Device?

The personal injury attorneys at Parker Waichman offer free, no-obligation case evaluations. For more information, fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Great law firm, no complaints...If you want to win, look no further!
rolando velez
7 years ago
5 Star Reviews 150
I would like to take this time to thank Ashley whole hardly for the most amazing and professional job that she did for me. This was and is one of the hardest situations that I have ever had to face and I must say that PW made it easy for me. They are true professionals and such an heartfelt team. I highly recommend this team to anyone....Again Thank you very much for a job well done.
Chandra Porter
4 years ago
5 Star Reviews 150
I have no words to express how grateful I am for the service of the Parker Waichman firm. Thanks to Michelle Josama and Jorge Peniche for all their attention.
Miguela Quezada
a month ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038