People who received either Biomet’s M2a Magnum or M2a Acetabular System 38mm (M2a 38) and believe their implants injured them might be curious about the amount of compensation from a Biomet hip lawsuit settlement. Similar to other hips whose claims have gone to multidistrict litigation (MDL), the parties in the Biomet M2a MDL announced a mass settlement on January 31, 2014. The total payout will be $50 million provided 90 percent of all plaintiffs and 67 percent of plaintiffs whose settlement amounts are contested agree to its terms. Plaintiffs must have filed their cases by April 15, 2014, and must be in material compliance with the settlement’s terms by June 13, 2014 to participate.
Settlement Base Award: $200,000
According to the order entered in the MDL, which is located in the U.S. District Court for the Northern District of Indiana, the parties agreed that plaintiffs’ base settlements would be $200,000 per Biomet M2a hip received. Plaintiffs must have had the implant inside of their bodies for more than 180 days and undergone a revision surgery to be eligible. Those who had a device for fewer than six months or more than ten years will receive no more than $20,000. The base award is subject to the other discounts or deductions depending on various factors:
- Time between implantation and revision: The longer the implant was in the plaintiff’s body, the larger the discount will be.
- Date of implantation: The more recently a plaintiff received the M2a device, the lower his or her award will be. Plaintiffs who received the device after January 27, 2012, will get at most $20,000.
- Type of device implanted: Plaintiffs who received a non-metal-on-metal Biomet device or an all-metal device other than an M2a hip will receive at most $20,000.
- First revision: If the plaintiff received a Biomet M2a device after a revision procedure for another hip, then the compensation will be $20,000.
- Statute of limitations: Plaintiffs whose cases are time-barred will receive $20,000.
- Unrelated death: Plaintiffs who died for reasons unrelated to a Biomet M2a hip replacement will receive only $20,000.
The settlement agreement establishes a mediation process for resolving any disputes by plaintiffs over the size of the discounts or by plaintiffs who believe their circumstances merit “enhanced compensation.” If the agreement goes into effect, Biomet will pay $50 million to an escrow account and $6 million into a separate fund for attorneys’ costs. If too few plaintiffs choose to accept the settlement, then the MDL will proceed to the bellwether trial stage.
Factors That Might Merit ‘Enhanced Compensation’
The same factors that might increase the amount of compensation from a hip replacement lawsuit can also affect a Biomet hip settlement. A plaintiff suing a hip replacement manufacturer like Biomet can demand compensation for two types of damages: “economic damages” and “non-economic damages.” Economic damages are costs that are easily quantified, like medical bills or lost income. Non-economic damages are the kinds of damages that can’t so easily be calculated, such as pain and suffering and loss of spousal companionship. Fortunately, plaintiffs can place experts on the stand to testify as to how much the non-economic damages are worth to help the jury reach a decision. Above all, the plaintiff’s individual situation, especially the severity of his or her injuries, can greatly influence the amount of compensation whether in a lawsuit or settlement.
RLG Represents Biomet Hip Replacement Recipients
Although it’s not possible to determine an exact figure for a Biomet hip replacement lawsuit settlement unless the settlement requires it to be low, that shouldn’t discourage you from seeking legal counsel if you believe a Biomet hip injured you or a loved one. The amount of compensation from a Biomet hip lawsuit might be greater than from the settlement and can include damages for medical expenses, lost income, pain and suffering, and other damages. To find out if you are eligible to file a lawsuit or join the settlement agreement, click on this link or call 1-800-624-9568 and a lawyer from the Rottenstein Law Group will reach out to you as soon as possible to give you a complementary, confidential legal consultation.