Biomet Hip Implants
This lawsuit alleges that Biomet, Inc. and related companies were negligent in designing, manufacturing, distributing and selling the Biomet M2a Magnum, M2a 38 and ReCap Femoral Resurfacing System metal-on-metal hip implants.
This class action applies only to:
- Persons who were implanted in Canada with metal-on-metal hip implant systems known as the M2a 38, the M2a Magnum and the ReCap Femoral Resurfacing System; and
- All other persons who by reason of a personal relationship to an implant patient have standing pursuant to section 61(1) of the Family Law Act or equivalent legislation in other provinces and territories.
We are pleased to share that a Settlement has been reached in this class action. If approved, the Settlement will offer benefits to eligible Class Members, including:
- Up to $75,000 in compensation for eligible Class Members who underwent revision surgeries in one hip (or up to $90,000 for revision surgeries in both hips), subject to reductions for the number of years for which the implant was functioning in the hip; and
- Up to an additional $40,000 for complications following a revision surgery (up to $50,000 for eligible Class Members who underwent revision surgeries in both hips).
Benefits will also be available to eligible Class Members according to the Special Claims Protocol.
The Settlement is subject to court approval. On October 25, 2024, the Ontario Superior Court of Justice will consider whether to approve the Settlement, the Special Claims Protocol, and the legal fees requested by class counsel.
For more information, you can review the Short-Form Notice, the Long-Form Notice, or the complete Settlement Agreement.
If you are a Class Member and have questions about the Settlement, please call 1-855-595-2629, email biometclassaction@kmlaw.ca, or visit https://www.biometdevicesettlement.com/.
If you were implanted with a different device, you are not a member of the Class in the Biomet class action and will not qualify for any recovery obtained for Class Members. This means that if you wish to pursue a legal action, you will need to contact and retain a different law firm.
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Latest Developments
- August 9, 2024
We are pleased to share that a Settlement has been reached in this class action. The Settlement is subject to court approval, and a hearing has been scheduled for October 25, 2024. For more information, you can review the Short-Form Notice, the Long-Form Notice, or the complete Settlement Agreement.
- June 26, 2018
The parties are in the discovery phase of the litigation.
- March 31, 2017
The opt out period has now expired.
- February 2, 2017
The notice of certification has been approved by the court. A copy of the order approving notice is available here.
- June 17, 2016
The Defendants’ motion for leave to appeal the order certifying this action as a class proceeding was dismissed.
- May 16, 2016
The motion for leave to appeal the certification order is proceeding in writing and is currently under reserve.
- March 28, 2016
The motion for certification was granted. Biomet is seeking leave to appeal the motion for certification.
- October 2, 2015
The hearing of the motion for certification concluded today. Justice Belobaba has reserved his decision.
- May 1, 2015
The parties have amended the timetable for the motion for certification:
June 26, 2015 Defendants’ Responding Record on all issues in the certification motion July 31, 2015 Plaintiffs’ Reply Record, if any, on all issues in the certification motion September 11, 2015 Plaintiffs’ factum September 21, 2015 Defendants’ responding factum September 25, 2015 Plaintiff’s reply factum, if any September 29-30, 2015 Certification Motion - December 10, 2014
The parties have amended the timetable for the motion for certification:
January 28, 2015 Defendants’ Responding Materials on the Motion for Certification February 15, 2015 Plaintiffs’ Reply Record March 27, 2015 Cross-Examinations to be completed April 24, 2015 Plaintiffs’ Factum May 29, 2015 Defendants’ Factum June 12, 2015 Reply Factum Week of June 22, 2015 Certification Hearing - August 29, 2014
The Plaintiff’s motion record has been served on the defendants. A copy of the motion record is available here.
- June 19, 2014
The parties have agreed on the following timetable leading up to the hearing of the motion for certification:
August 15, 2014 Plaintiff’s Motion Record on the Motion for Certification December 19, 2014 Defendants’ Responding Materials on the Motion for Certification February 9, 2014 Plaintiffs’ Reply Record March 27, 2015 Cross-Examinations to be completed April 24, 2015 Plaintiffs’ Factum May 29, 2015 Defendants’ Factum June 12, 2015 Reply Factum Week of June 22, 2015 Certification Hearing - November 4, 2013
The Statement of Claim in this action has been issued, and can be found here.
- August 9, 2024
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Documents
- August 9, 2024 Notice of Approval Hearing (Short Form)
- August 9, 2024 Notice of Approval Hearing (Long Form)
- August 9, 2024 Objection Form
- August 9, 2024 Special Claims Protocol
- August 9, 2024 National Settlement Agreement
- June 17, 2016 Decision
- August 28, 2014 Certification Motion Record
- November 3, 2013 Statement of Claim
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.
How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
Toll Free Hotline: 1-855-595-2629
Email: biometclassaction@kmlaw.ca
