Biomet Hip Settlement
Biomet hip replacement devices caused injury to thousands of people and a major $56 million Biomet hip replacement settlement has been reached. Many Biomet settlement participants received hundreds of thousands of dollars, but individuals who have taken Biomet to trial have been awarded millions.
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Have There Been Biomet Hip Replacement Settlements?
A large multidistrict litigation to address injuries sustained from the Biomet M2a Magnum hip replacement devices has reached a settlement, and the company has also gone to trial for unresolved cases. Biomet maintained that although it had agreed to pay the settlement in order to resolve the case without going to trial, the injuries and losses plaintiffs incurred were not a result of the M2a 38 or M2a Magnum hip devices.
Some plaintiffs didn’t accept the settlement amount and brought the company to trial. In 2020, two of these cases were successful.
- 2022: The U.S. Court of Appeals for the Eighth Circuit denied Biomet’s appeal of a federal jury’s $3.55 million verdict in plaintiff Lori Nicholson’s lawsuit.
- 2021: A federal judge in Missouri upheld a $20 million verdict awarded to Mary Bayes and a $1 million verdict to her husband, Philip Bayes.
- 2014: Biomet agreed to a $56 million settlement in the MDL. The company agreed to pay $200,000 to any plaintiff whose M2a 38 or M2a Magnum hip replacement device was replaced or fixed after 180 days from the initial implant surgery.
Nicholson’s successful 2022 lawsuit said the replacement hip device was defective and that she had to undergo painful and dangerous corrective surgery to repair the issue. Mary Bayes claim stated that she underwent surgery for two hip replacements using the Biomet devices but had to undergo multiple revision surgeries because of muscle damage. She also experienced 12 dislocations.
A federal trial court determined that the amount Bayes and her husband were awarded in damages – $21 million in total – was not excessive. While Biomet did appeal the verdict, the federal judge who upheld it said the hip replacement device was negligently designed and caused harm to the plaintiff.
Why Are People Filing Lawsuits for Biomet Hip Replacements?
The multidistrict lawsuit involving thousands of plaintiffs across the U.S. involves claims that Biomet’s hip replacement device directly led to injury. While Biomet maintains that its devices didn’t cause the injuries, losses or damages the plaintiffs sustained, many Biomet hip replacement lawsuits have been successful in demonstrating serious injury associated with the devices.
Hip replacement is major surgery and complications significantly impact quality of life. Individuals who received the M2a 38 or M2a Magnum hip replacement devices experienced complications such as device dislocation and loosening, metal poisoning (metallosis) and pain. Often, these individuals required surgery to replace the device.
Who Is Eligible for a Settlement?
To be eligible for a settlement, a plaintiff must have experienced or be experiencing complications such as discomfort or pain at the hip replacement site, swelling and difficulty walking. Or, they must have had revision surgery to address these concerns. There may be limitations on how long after implantation or injury an individual can pursue legal action. An experienced attorney can help determine eligibility.
While Biomet settled the majority of the cases filed against it – which at the time were 2,800 lawsuits – and many remaining cases in the MDL were dismissed or resolved, individual personal injury lawsuits are still ongoing. People whose Biomet M2a Magnum and M2a 38 hip devices have caused injuries may still be able to file individual personal injury lawsuits even if they were not involved in the MDL.
How Much Is the Typical Settlement Amount for Biomet Hip Replacements?
From the 2014 $56 million MDL settlement, plaintiffs received a base amount of $200,000 each. In some cases, adjustments were made to the initial $200,000 amount to account for time limitations or certain types of surgeries.
Factors that could lower the $200,000 base settlement amount include the initial implantation date, the timing of hip revision surgery and whether the plaintiff received a different Biomet hip replacement device. Settlement amounts were reduced in some cases and capped in others.
- The base settlement amount was reduced by $10,000 if the implant was revised between five and eight years after initial surgery or if the initial implant surgery occurred between Aug. 1, 2010, and July 1, 2011.
- The base settlement amount was reduced by $37,500 if the implant was revised between eight and 10 years after initial surgery or if the initial surgery occurred between July 1, 2011, and Jan. 27, 2012.
- In the following cases the base settlement amount was capped at $20,000: Cases revised more than 10 years after initial surgery, cases where devices were implanted after Jan. 27, 2012, cases barred by time limitations, cases where claimants had revision surgery within six months of initial implantation and cases involving other Biomet metal-on-metal or metal-on-polyethylene hip replacement devices.
- Individuals who were deceased at the time of the settlement from causes unrelated to the Biomet hip replacement devices also received $20,000.
Settlements in the MDL varied widely from each other and from individual settlements received after court verdicts. Claimants involved in the MDL settlement may have received a base amount of $200,000, but this amount may have been revised or capped based on other circumstances.
Some individuals who didn’t join the MDL but filed against Biomet in separate court proceedings for personal injuries received amounts in the millions of dollars. Contacting an experienced attorney is the first step in determining individual eligibility for a claim.
How Long Does It Take to Receive a Biomet Hip Replacement Settlement?
Plaintiffs involved in the MDL have likely received their Biomet hip replacement settlement. However, new personal injuries lawsuits can still be brought against Biomet.
Once a settlement agreement is reached in a personal injury lawsuit, it can take as little as four weeks to receive the settlement payment. The time it takes to reach an agreement varies because each trial requires paperwork and communication between opposing legal teams.
Other factors can also slow the process, including lawyer and court availability. One study has shown that the average time to receive a settlement is approximately 11 months from start to finish.
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