Dine v. Biomet Inc. involves a class-action lawsuit over defective hip implants.
Background
- Plaintiff: Steven Dine, who suffered severe complications after receiving Biomet hip implants (M2a 38, M2a Magnum, and ReCap systems).
- Defendants: Biomet Inc. and affiliates.
- Issue: Metal-on-metal (MoM) components in these implants caused pain, metal toxicity, and required revision surgeries.
Legal Proceedings
- The lawsuit began in 2013, alleging negligent design. It was certified as a class action in 2015 after extensive legal battles.
- The class includes Canadians implanted with these devices and their families.
2024 Settlement Agreement
- Terms:
- A claims-based structure with no cap, providing up to $75,000 for single revision surgeries and additional compensation for complications.
- Eligibility extends to 12 years post-implantation, with a discretionary fund covering cases up to 16 years.
- Compensation for unrevised patients with high metal ion levels or those medically unable to undergo surgery.
- Biomet contributes $1.25 million toward legal fees.
- Court Approval: The Ontario Superior Court approved the settlement, deeming it fair given the litigation risks.
Legal Fees and Honorarium
- Class Counsel fees set at 25% of the awards.
- A request for an honorarium for Dine was denied despite his significant efforts.
The settlement ensures compensation while avoiding lengthy litigation.
Total monetary award was not specified.