US District Judge Robert L. Miller, Jr. issued an order disclosing the settlement of 93 cases in Biomet M2a Magnum Hip Implant products liability litigation. There are more than 500 cases remaining in In Re Biomet M2a Mangum Hip Implant Products Liability, Cause No. 3:12-md-2391.
“Given the parties’ report that Biomet has deposited into escrow settlement funds to fully resolve these cases, or has directly paid the plaintiff specified, the Court affords the plaintiffs listed on Exhibit A 30 days from the date of this order to show cause why their individual case should not be dismissed with prejudice,” the judge’s Oct. 18 order states.
Metal on metal design
The Judicial Panel on Multidistrict Litigation (JPML) consolidated the cases into MDL 2391 on 10/2/2012 when there were only 65 cases.
The litigation primarily involves alleged defects in Biomet’s M2a Magnum system of hip implant products. Plaintiffs’ claims focus upon the metal-on-metal design of the M2a Magnum 2 system and the alleged propensity of the M2a Magnum devices to generate high levels of metal ions, cause metallosis in the surrounding tissue and/or fail early.
The fact that Biomet’s products have been on the market longer than other hip implant products (and related evidence of the revision rate for the M2a Magnum system) may be probative to the ultimate question of defectiveness. On the other hand, Biomet has cited statistics and studies of the reliability of the M2a Magnum system.
The lawsuits share factual questions about design, manufacture, marketing and performance of Biomet’sM2a Magnum system.
Other defective hip litigation includes:
MDL 2441, in RE: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation — 1,772 cases
MDL 2158, IN RE: Zimmer Durom Hip Cup Products Liability Litigation — 462 cases
MDL 2197, IN RE: DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation — 1,467 cases
MDL 2244, IN RE: De Puy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation — 8,616 cases
MDL 2329, IN RE: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation — 566 cases.