Dine v. Biomet Inc.
STEVEN DALTON DINE
Law Firm / Organization
Koskie Minsky LLP
Law Firm / Organization
Whelton Hiutin LLP
Lawyer(s)

Daniel McConville

Law Firm / Organization
Klein Lawyers LLP
Lawyer(s)

Brent Ryan

BIOMET ORTHOPEDICS LLC
BIOMET MANUFACTURING CORP.
BIOMET U.S. RECONSTRUCTION, LLC
BIOMET CANADA INC.

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.

Superior Court of Justice - Ontario
CV-13-490112-00CP
Class actions
Plaintiff