Product Liability Update: Biomet Inc will pay a minimum of $56 million to settle lawsuits relating to alleged defective metal-on-metal hip replacements. The settlement concerns lawsuits filed regard the Biomet M2a metal-on-metal hip product. These lawsuits were combined for discovery purposes in a "multi-district litigation" (MDL) venued in federal court in Indiana, where Biomet is headquartered.
The terms of the proposed settlement agreement, which was made public on February 3, 2014, call for a base award of $200,000 for persons who have received a Biomet M2a 38 or M2a Magnum hip replacement system that was revised more than 180 after it was implanted. This base award is subject to several "discounts" including the length of time between implantation and revision, as well as those subject to a statute of limitations defense. There is also a provision that calls for the mediation of certain cases where there is a valid basis for "enhanced compensation" as a consequence of unique or enhanced injuries connected to the metal-on-metal hip device.
The proposed settlement will cover all claims currently filed in the MDL as well as those filed on or before April 15, 2014.