In another win for metal-on-metal hip implant plaintiffs, manufacturer Biomet recently agreed to pay at least $56 million to settle lawsuits over the defective implants. Our team ofmetal-on-metal hip implant lawyers is excited to announce this news and detail who can take part in the massive settlement.
Litigation over Biomet’s M2a-38 and M2a-Magnum began in October 2012. Eventually all lawsuits related to these two all-metal hip implants were consolidated into multidistrict litigation (MDL) in Indiana federal court. Plaintiffs in the MDL alleged that Biomet’s hip implants were defective, resulting in significant injury to patients and requiring extensive remedial surgeries.
The $56 million fund will compensate patients implanted with a Biomet M2a-38 or M2a-Magnum who had to have the device taken out or otherwise repaired. These plaintiffs will each receive a $200,000 base payment; however each individual payment may depend on a number of stipulations detailed in court documents. These conditions may include anything from patient’s age at time of implantation to patient’s BMI.
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This fund and agreement applies to plaintiffs currently involved in the MDL as well as any future plaintiffs who required revision surgery, as long as they file suit before April 15, 2014. This means that patients who believe they were implanted or were injured by a Biomet Magnum device have only about two months to contact a metal-on-metal law firm.
Recalls, Lawsuits, and Settlements
There are about six companies that manufacture metal-on-metal hip implants, which were approved by the FDA through a specialized, accelerated process and were never tested in humans. Upon approval, these devices were touted as the latest technology, promoted as incredibly long-lasting and durable, awarding patients a greater range-of-motion.
In reality, the all-metal nature of these devices caused devastating injuries in patients. The devices are made of chromium and cobalt alloy, and can corrode internally when the hip joints rub together and create friction. This releases tiny metal particles into the blood stream and surrounding bone, muscle and tissue, potentially leading to severe metal toxicity in unsuspecting patients.
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The corrosion would also cause the implants to change in shape and functionality, rendering most of them defective within five years of implantation. Hip implant revision surgeries are incredibly painful, expensive, and come with their own risks of complication, and metal-on-metal hips were causing revisions in high, unprecedented numbers.
Injured plaintiffs subsequently filed suit against device manufacturers. Aside from Biomet, companies such as Wright Medical Technology, Stryker Corp., and Johnson & Johnson’s DePuy Orthopedics are currently facing extensive litigation.
Johnson &Johnson recently agreed to pay at least $2.5 billion to settle its metal-on-metal lawsuits. There are about 8,000 plaintiffs involved in that litigation, which concerned the ASR implant systems. Stryker has also settled some of the 500 pending lawsuits over its Rejuvenate and ABG II modular-neck stems.
Pintas & Mullins Law Firm is currently accepting cases of injury from all types of metal-on-metal hip implants. Our team of defective medical device attorneys can answer any questions you may have about MDLs, filing claims, and the settlement process. Our legal case reviews are always free of charge, and available to injured patients throughout the country.