The amount of $2000, 000 was base award agreed by Biomet to pay people who needed replacement of their metal-on-metal hip implant. Through mediation, the parties may seek increase or reduce awards for a good cause. The settlement agreement is extended to all cases pending versus Biomet MDL as well as future cases that will be filed in federal court on or before April 15, 2014.
The proposed settlement was approved by Judge Robert L. Miller Jr. more than a year after Biomet M2a Magnum lawsuits was moved by the federal judicial panel to Indiana’s Northern District. Litigation of Biomet’s metal hip had been facing more hurdles compared with other litigations of other metal hip implantation. Despite the lawsuits, Biomet M2a hip implant was never recalled, and the company still maintains that the device is safer compared with others in the industry.
On behalf of all claimants filed in the multidistrict litigation, Judge Miller preliminarily approved a settlement agreement this week in the Biomet M2a Magnum hip implant litigation that was agreed upon by Biomet Inc. and Co-Lead Counsels.
The Biomet settlement extends to all cases pending in the MDL as well as future cases filed in federal court on or before April 15, 2014.
Biomet has agreed to pay a $200,000 base award to people who needed surgery to replace their metal hip, and parties may seek increasing and reducing the awards through proper mediation.
The proposed Biomet hip settlement followed two months after a proposed settlement was submitted in the DePuy Orthopaedics ASR hip implant litigation in federal and state courts across the country.
The amount of $200,000 will be send to each person implanted with a faulty Magnum or M2a device to resolve the lawsuit.
The agreement made with the Indiana-based Biomet Inc. is the latest mass torts deal involving the use of defective or recalled metal-on-metal hip implants. Every patient with the recalled DePuy ASR hip device was paid by subsidiary of DePuy Johnson & Johnson the sum of $250,000 just a few months before. However, the agreement requires that the patient already underwent a surgery revision before they are qualified to receive the settlement.
One of the legal counsels commented that these settlement agreements will carry a certain measure of justice to those who have been injured after using defective metal-on-metal hip devices. However, no amount of money can erase the years of pain and suffering that these patients have endured.
All new agreement are applicable to all patients who filed civil lawsuits following revision surgery of either the manufacturer’s M2a 38 or M2a Magnum hip replacements.
Even the most recent cases related to the metal-on-metal hip settlements will be included, even those that are still pending, and to any claims filed in either federal or state courts before April 15, 2014. The provision is that such cases comply with certain specific notice requirements.
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