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Dine v. Biomet 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.

STEVEN DALTON DINE
Law Firm / Organization
Koskie Minsky LLP
Law Firm / Organization
Whelton Hiutin LLP
Law Firm / Organization
Klein Lawyers LLP
Lawyer(s)

Brent Ryan

BIOMET ORTHOPEDICS LLC
BIOMET MANUFACTURING CORP.
BIOMET U.S. RECONSTRUCTION, LLC
BIOMET CANADA INC.
Superior Court of Justice - Ontario
CV-13-490112-00CP
Class actions
Not specified/Unspecified
Plaintiff