The Biomet metal on metal hip implant settlement that was announced in January 2014 is expected to pay out more than $100 million in compensation. Biomet hip implant patients who had to undergo revision surgery to have their metal implant removed are eligible for the settlement. The base amount of the settlement is $200,000 per revised hip. Under the terms of the settlement the revision must have been caused by a condition called metallosis.
Over a thousand lawsuits have been filed alleging that the Biomet Mangum and M2A hip implants are defective products because of reported failures caused by chromium and cobalt leaching from the metal on metal implant. This metal in the blood and the hip compartment causes damage to the soft tissues of the hip compartment. This injury to the tissues of the hip is called ALVAL which is Aseptic lymphocyte-dominated vasculitis-associated lesion.
Under the terms of the settlement agreement Biomet can challenge the $200,000 base amount of a settled case if the operative report and pathology does not show ALVAL. High metal levels in the blood alone may not qualify as a full $200,000 case in the settlement. Claimants with hip implants can also challenge the $200,000 base payment as insufficient and ask for additional compensation if they have extraordinary injury such as an additional revision, infection, of extended disability as a result of the revision surgery.
If either side challenges the base payment amount then the case goes to an individual mediation. If the case is not settled mediation then the case can continue in the court system.
My law firm has filed a number of Biomet lawsuits as well as hip implant lawsuits involving Stryker Rejuvenate, DePuy ASR, and DePuy Pinnacle hip implants.
Admitted to both the California State Bar and the Florida State Bar, Joseph Saunders has also practiced in the United States District Court and the United States Court of Appeals. His philosophy is to provide aggressive, quality representation and seek fair compensation for individuals and their families who have suffered injury or death at the hands of insurance companies, large corporations, medical providers or governmental entities.