By mid-2012, the U.S. Food and Drug Administration (FDA) received more than 450 adverse event reports relating to the Biomet M2a Magnum hip replacement, and they have increased in frequency. Accompanying all these complaints are lawsuits filed by Biomet hip recipients against the manufacturer. Many plaintiffs have taken their cases to federal multidistrict litigation (MDL), which is located in the U.S. District Court for the District of Northern Indiana and contained 308 lawsuits as of May 2013. The number is expected to grow. Although litigation is one route to obtaining compensation from Biomet, many recipients hope to negotiate a settlement. The good news for them is that some recipients have already received Biomet hip lawsuit settlements.
Settlements Alluded To in JPML Transfer Order
The U.S. Judicial Panel on Multidistrict Litigation (JPML) discussed the earliest Biomet hip lawsuit settlements in its transfer order that created the MDL in Indiana federal court. When it discussed Biomet’s argument that no MDL was necessary, the JPML wrote, “Biomet has expeditiously settled several M2a Magnum cases in the past.” It added, “[T]he history of settlement of several cases is dwarfed by the almost 70 cases currently pending in federal court.” In other words, even though some cases had settled out of court, many times that number were opting for litigation instead.
Settlement Amounts Unclear
Unfortunately, the JPML did not elaborate further on the settlements, and as with many such settlements, the amount of compensation the recipients received was not disclosed, leaving no clues for onlookers and future potential plaintiffs.
For those interested in filing a Biomet hip lawsuit, the amount of compensation from similar cases has been fairly high. For example, in 2012, three Nevada plaintiffs who were suing DePuy Orthopaedics over its recalled ASR hip replacements settled for $600,000 total, which comes to $200,000 per person. However, the first ASR trial in California state court ended with an $8.3 million jury verdict for the plaintiff. The second case resulted in a verdict for the defendant, but it surprised those paying attention to it.
RLG Represents Biomet Hip Recipients
If you or a loved one received a Biomet M2a Magnum hip replacement or M2a Acetabular System 38mm, and you believe it caused an injury, then you might be able to hold the manufacturer accountable. It might require filing a lawsuit before proceeding to negotiation, but the amount of compensation from a Biomet hip lawsuit can include damages for full medical expenses, lost income, pain and suffering, and other damage. Simply click on this link or call 1-800-624-9568 for a free, confidential legal consultation with a lawyer from the Rottenstein Law Group.