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Biomet Hip Settlement Expected to Be Finalized Soon

Hip replacement Complications

Many of the plaintiffs who have filed lawsuits against Biomet with regard to allegedly defective hip implant devices are looking forward to the resolution of their cases. A Biomet hip settlement is reportedly in the works for plaintiffs who were forced to undergo revision surgery after suffering from complications following their hip replacement procedure.

The majority of cases filed against Biomet with regard to its M2A Magnum hip replacement product were centralized into a multidistrict litigation (MDL), which is proceeding in the U.S. District Court for the Northern District of Indiana. The Honorable Judge Robert L. Miller is overseeing over 2,400 Biomet hip lawsuits filed against the Indiana-based company.

Settlement deal moves forward

When a lawsuit is filed, the parties may engage in settlement negotiations or the case may go to trial. A settlement deal can also be struck after a trial has begun. If the parties involved accept the terms of a settlement deal, the plaintiffs receive a set amount of money in exchange for dropping the lawsuits.

The parties involved with the Biomet MDL submitted a joint status report to the Judge on September 17, 2014. The report provided updates with regard to the progress of the settlement negotiations. The proposed Biomet hip settlement would affect plaintiffs who had a M2A or or M2a 38 Magnum implant. It would only affect those who also had to undergo hip revision surgery within 180 days of the original procedure.

Patients who received these implants, have not yet had revision surgery, but do require revision surgery in the future could still file a lawsuit.

The joint status report identifies two groups of eligible Biomet hip plaintiffs who may take part in the settlement negotiation. Group one consists of 513 plaintiffs. These plaintiffs completed all of the required discovery actions before December 31, 2013. Discovery involves the exchange of documents and other forms of evidence among parties, as well as taking depositions of witnesses.

Group two includes 972 Biomet hip replacement lawsuits. The plaintiffs in this group completed plaintiff fact sheets between January 1, 2014 and June 13, 2014. Although June 13 was the official cut-off date for submissions, the defendants do plan to evaluate any plaintiff fact sheets provided after June 13.

Should the parties agree to the terms of the settlement deal, eligible plaintiffs will receive $200,000 as a base amount. The exact amount of compensation for each individual plaintiff can vary, depending on the type of implant, date of sale for the implant, and length of time between the original surgery and the revision procedure.

Additionally, Group one plaintiffs are currently undergoing a mediation process, through which they may obtain enhanced compensation.

The next steps in finalizing the settlement deal are for the Judge to appoint a fund administrator. The Judge is also expected to establish a qualified settlement fund.

Biomet metal-on-metal hip complications

Additional hip implant lawsuits may continue to be filed in the coming months and years, as other patients begin to experience problems with their Biomet hips. This could open the door for future trials or Biomet hip settlements.

The plaintiffs who have filed lawsuits against Biomet so far claim similar allegations. They report that the metal-on-metal design of the hip implant encourages the release of metallic ions into the bloodstream. As the cobalt and chromium materials corrode, the components of the device become compromised, causing early loosening and premature failure of the device.