Tamara Burns  |  October 7, 2015

Category: Legal News

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biomet-hip-replacementA Massachusetts woman who previously settled allegations about a defective met-on-metal hip is going back to court, alleging she was not properly paid.

In January 2014, plaintiff Cheryl S. reached an agreement with Biomet Inc. to settle her defective hip implant lawsuit with a payment of $200,000. However, in August 2014 the company claimed she was due $20,000 and declined to pay the rest, according to her new metal hip lawsuit.

In the new metal on metal hip replacement lawsuit, Cheryl asserts the same allegations she did her first lawsuit, which was filed into the metal-on-metal hip implant multidistrict litigation, as well as others involving the refusal to make the full payment.

She is seeking the full $200,000 payment, plus additional compensatory damages, and attorney fees.

The Breach of Settlement Biomet Lawsuit is Case No. 3:15-cv-00349-RLM-CAN in the U.S. District Court for the Northern District of Indiana.

Original Biomet lawsuit

Cheryl received a Biomet M2A Magnum hip implant and soon after began experiencing complications. High levels of chromium and cobalt were found in her blood, in addition to as well as the diagnosis of metallosis (metallic debris buildup in soft tissue).

She also experienced severe pain and became disabled, according to her lawsuit, and suffered emotional distress and financial loss after undergoing multiple surgeries.

In December 2012, Cheryl underwent a surgery to remove the old hip implant and put a new one in its place.

The original Biomet Lawsuit was Case No. 3:14-cv-00654, part of the Biomet MDL No. 2391, in the U.S. District Court for the Northern District of Indiana.

Biomet Metal Hip Implant Lawsuits

In general, lawsuits for Biomet metal hip-on-hip implants are filed individually. Because so many lawsuits make similar allegations they have been collected into a multidistrict litigation (MDL).

All cases in an MDL are heard by the same judge. This helps to streamline the legal process by avoiding duplicative discovery and conflicting rulings.

If you or someone you love was injured from a metal-on-metal hip implant, you may be eligible for legal compensation. Our experienced attorneys can guide you toward your best course of action in a free, confidential consultation.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The hip implant attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, metal hip implant lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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Join a Free Metal Hip Replacement Class Action Lawsuit Investigation

If you or a loved one had a metal-on-metal hip implant that failed or caused serious complications, you may be entitled to compensation. Hip replacement lawsuits are being filed now against multiple companies, including Stryker, Biomet, DePuy, Zimmer, and Wright. See if you qualify to take legal action by filling out the form below.

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.