Biomet Hip Device Class Action

Welcome to the Biomet Hip Device Class Action Settlement Website

Several individuals in Canada started class action lawsuits, alleging that the M2a 38, M2a Magnum or ReCap Femoral Resurfacing System hip implants, or any combination thereof, implanted in Canada and used as a metal-on-metal hip implant system (referred to as the “Biomet Device”), were defective and failed prematurely when implanted in patients in Canada. The Defendants deny  these claims. The Ontario Superior Court of Justice certified a class action on December 18, 2015, in the case of Dine v. Biomet et al. Additionally, a proposed class action was filed in Quebec under Conseil pour la protection des malades v. Biomet Canada inc.

The Defendants, while not admitting liability, have agreed to a settlement of these lawsuits.

A motion to approve the settlement agreement is scheduled to be heard by the Ontario Superior Court of Justice in Toronto on October 25, 2024. Class Counsel will also ask the court to approve an award of fees and disbursements for their work in connection with the proceedings during the hearing.

Who is included in the Settlement?

The proposed settlement applies to all persons who were implanted with a Biomet Device in Canada who have not opted out of the Dine v. Biomet et al. action, their estates and certain family members.

What can Class Members do at this stage?

1. Do nothing: Class members who support the settlement do not have to do anything right now. Please note that by doing nothing, class members give up any right to object to the settlement and the right to sue the Defendants on their own.
   
   
2. Submit a contention or objection: If class members do not wish to attend the hearing but wish to explain why they do not support the proposed settlement, they can submit a contention or objection. Your contention or objection will be delivered to the Court by Class Counsel.
   
   
3. Participate in the hearing: Class members can attend the hearing virtually on October 25, 2024 to voice their objection to the proposed settlement. The Court will decide if class members will be permitted to make oral submissions at the time of the hearing. To be eligible to participate, class members must have submitted their contentions or objections prior to the hearing.

Contentions or objections need not adhere to a formal format but should be submitted in writing to Class Counsel and the Ontario Court at least 14 days before the hearing and should include:

a)      The full name, current mailing address, telephone number, and email address of the person who is submitting a contention or objecting;

b)      A brief statement of the nature and reasons for the contention or objection;

c)      A declaration that the person believes he or she is a member of the Class and the reason for that belief including, if available, the catalogue and lot numbers of their Biomet Device;

d)      Whether the person intends to appear at the hearing or intends to appear by counsel, and if by counsel, the name, address, telephone number, and email address of counsel; and

e)      A declaration that the foregoing information is true and correct.

What does the Settlement provide?

If the settlement is approved, eligible class members who submit all required forms and documentation within the timelines set out in the Settlement Agreement will receive compensation, less deductions for legal fees and levies to Public Litigation Funders.

Eligible class member payments will depend on various individual factors including when the implants were done and whether the implants were revised and when that revision took place. Some individual claims may also be awarded from a discretionary fund established by the Settlement Agreement.

Any remaining funds from the settlement, if applicable, will be distributed to third parties approved by the Ontario Court after necessary legal levies have been paid to Public Litigation Funders. Additionally, the settlement includes provisions for payment to public health insurers.

Upon approval by the Courts, Class Members will have the option to file claims and submit required forms and documentation.

Are Class Members responsible for Legal Fees?

Under the terms of the Settlement Agreement, the Defendants have agreed to pay Class Counsel the sum of $1.25 million as a contribution towards Class Counsel Fees, Disbursements and applicable taxes.

Class Counsel will be asking the court to approve Class Counsel Fees and Disbursements of 25 percent to be deducted from payments made to eligible Class Members (less the amounts paid by the Defendants) in respect of the work performed and disbursements incurred in the class action and to obtain the Settlement.

Further legal fees, disbursements, and taxes in order to assist each individual claimant to submit a claim in the settlement may also be payable in an amount to be agreed upon as between the Class Member and counsel. Class Counsel undertake not to charge in excess of 8.3 percent to assist with the Class Member’s claim.

More Information

Copies of the Settlement Agreement, Long Form Notice and other documents are available on the Documents page.

Answers to Frequently Asked Questions are available here.

If you have a question that is not answered by the FAQ, you may contact Class Counsel.