July 14, 2015 - Understanding the Biomet M2A Magnum Hip Settlement Agreement
In January, 2014, a Biomet M2A Magnum hip settlement agreement was reached for those who had experienced problems with their Magnum hip implant and were forced to undergo revision surgery. The settlement encompassed approximately 1,000 plaintiffs and came to more than $56 million. The settlement agreement evolved from an MDL litigation in Indiana. Biomet is hardly alone among metal hip manufacturers who are facing lawsuits from injured patients who believed their metal hip was safe. Stryker and DePuy are two of the metal hip manufacturers who have engaged in settlements like the Biomet M2A Magnum hip settlement agreement. Like the M2A Magnum, these other metal hips were cleared by the FDA through a controversial process known as the 510(k), which fast-tracks medical devices without requiring extensive clinical trials. Unfortunately, when critical steps are skipped, consumers suffer.
Biomet M2A Magnum Hip Compensation
Those who underwent Biomet M2A Magnum hip revision surgery and met all other requirements for the Biomet M2A Magnum hip settlement agreement were entitled to receive a base award of $200,000. Plaintiffs who received a Biomet M2A Magnum hip replacement, then required a medical revision surgery in order to remove the device and replace it with a safer model, more than 180 days after receiving the Magnum will probably qualify for this base award. It is important to understand, however, that there are a number of deductions associated with the base award, as well as some enhancements. In order to fully understand how the Biomet M2A Magnum hip settlement agreement applies to your specific case, it would be beneficial to speak to a Biomet M2A Magnum hip lawyer.
Is Biomet M2A Magnum Hip Revision Surgery Necessary to Recover Under the Agreement?
In order to qualify under the Biomet M2A Magnum hip settlement agreement, you must have undergone revision surgery, however there are some caveats included in the agreement. M2A Magnum devices which failed more than ten years after the date of implant may only be entitled to a payment of $20,000, rather than $200,000, even if revision surgery was completed. In cases in which the plaintiff died prior to the time of the settlement from causes unrelated to revision of the M2A Magnum, their estate may only be entitled to a payment of $20,000.
What is the Status of the Biomet M2A Magnum Hip Lawsuits?
While the Indiana MDL plaintiffs who had undergone Biomet M2A Magnum hip revision surgery were included in the settlement agreement, there is currently another MDL for plaintiffs who have suffered harm from the Biomet M2A Magnum but have not undergone the revision process. Other plaintiffs across the United States have filed state lawsuits against Biomet for injuries received from the implant device.
Do I Need a Biomet M2A Magnum Hip Lawyer?
If you have suffered injury from a Biomet M2A Magnum hip device, you may be entitled to take part in an MDL or a state lawsuit. If you had your Biomet M2A Magnum revised, speak to your attorney regarding your eligibility for the Biomet M2A Magnum hip settlement agreement.