Walter Eisner • Wed, February 5th, 2014
Orthopedics This Week
The cases in Biomet’s litigation primarily involved alleged defects in Biomet’s M2a Magnum system of hip implant products. Plaintiffs’ claims focused upon the metal-on-metal design of the system and the alleged propensity of the devices to generate high levels of metal ions, causing metallosis in the surrounding tissue, and/or early failure.
Almost 900 cases had been filed in Indiana federal court against Biomet. According to a Scheduling Order issued on December 10, 2013, U.S. District Judge Robert Miller had directed parties to choose three cases as trial candidates by February 7, 2014.
$56 Million for Patients and Lawyers
Reuters reported that the company will pay at least $56 million in the settlement. That’s far less than the $2.5 billion-plus settlement agreed to by J&J or the limited settlement of four Stryker cases in New Jersey at the beginning of December.
As part of the settlement, Reuters reports that Biomet will deposit $50 million into an escrow account and another $6 million into an attorney fee fund. The agreement extends to all pending cases, and any future lawsuit filed in a federal court on or before April 15, 2014.
Plaintiffs who have received a Biomet M2a 38 or M2a Magnum hip replacement system as part of an initial hip replacement that was rectified more than 180 days after it was implanted shall, reportedly, receive a base award of $200,000.
According to Reuters, Biomet maintains that the injuries, losses and damages were not due to its hip implants. The company issued a press release saying it is pleased to have reached this settlement: “Biomet appreciates the guidance provided by Judge Miller to bring this litigation to an expeditious and efficient resolution.”