Biomet Inc. has agreed to pay $56 million to settle hundreds of product liability lawsuits citing injuries caused by the Biomet M2a Magnum hip replacement system. The deal applies only to patients who have had revision surgery to replace their faulty hip implants. Patients who have had surgery and file a Biomet hip lawsuit before April 15, 2014 will be able to participate in the settlement deal and receive at least $200,000.

As of now, there are approximately 1,000 Biomet hip lawsuits pending against the defendant company in federal court.  Each of these lawsuits allege that their respective plaintiffs suffered from severe hip replacement complications caused by design defects in the metal hip implants, leading to the removal of many of these faulty Biomet M2a Magnum hips through revision surgery.  These lawsuits are part of a multidistrict litigation (MDL) movement that was established in October 2012, and centered in Northern Indiana.

Cases in the Biomet MDL are presided over by U.S. District Judge Robert L. Miller Jr., including all pretrial hearings and a bellwether trial that is expected to begin next year.

On Feb. 3, 2014, Miller issued an Order placing a stay on all pending actions in the Biomet MDL for plaintiffs who are awaiting a hip revision surgery to remove the faulty metal on metal hip implants. Biomet has agreed to pay a base amount of $200,000 to each hip revision plaintiff, along with additional money to accommodate the individual’s need.

The Biomet hip settlement will apply to each of the confirmed Biomet hip revision lawsuits that been filed on or before April 15, 2014.  Plaintiffs who have not undergone revision surgery will be excluded from the settlement because the severity of their injuries did not require surgical intervention.  However, if those patients do have their hip replacement modules removed, they may be eligible to take part in the Biomet hip settlement agreement. There are at least 237 cases in the MDL which did not require revision surgery.

Both parties are reportedly satisfied with the results and are relieved to see the litigation process near its end.

Overview of Metal on Metal Hip Replacement Complications

The Biomet M2a Magnum is a metal on metal hip replacement module which is meant to act as a replacement for failed or failing hip joints.  Like other metal on metal hip manufacturing companies, Biomet believed that their hip replacement modules would be overtly superior to their ceramic or plastic models, because they were believed to be more durable and last longer.  Additionally, it was believed that they would provide greater mobility to younger patient, and could withstand more physically demanding activity.  However, along with other hip replacement systems made of metal components, the Biomet M2a had been reportedly causing severe complications in the patient, resulting in the need for the device’s removal.

According to the allegations raised in the Biomet MDL, between the metal ball-and-socket joints of the hip device, the problems had occurred.  When the joints interacted with one another, metal ions were shed from the device into the patient’s bloodstream.  This caused a variety of problems including: infection, tissue damage, device failure, and metallosis.  Metallosis, or blood-metal poisoning, was considered to be one of the most dangerous side effects, due to its potentially fatal results.

Not long after its release in 2001, Biomet received hundreds of device failure and injury reports, indicating these side effects.  Biomet had received its first complaint involving a patient who ended up needing revision surgery to have their Biomet M2a Magnum Hip device removed; the patient complained that it had become loose only three years after it was implanted.  However, according to allegations raised in the litigation process, Biomet had closed its investigation into the matter before it was resolved.