According to the lawsuit, these metal-on-metal devices are made from cobalt and chromium alloy. As grinding of the ball and cup articular surfaces takes place, the defect in the device releases an excessive amount of these two metals. Plaintiffs in the case experienced early failure of the hip replacement devices and many suffered from metallosis – elevated metal ion poisoning. This led to often painful revisions and a long rehab process.

Biomet will put $50 million into an escrow account to pay all those plaintiffs who have been forced to have the revision surgery. Each claimant will receive a base $200,000, with any more funds being determined by clinical factors in each individual case. There are at least 200 claimants who have not had the surgery yet. They will not receive any funds as part of the settlement until, or if, they have the revision surgery.

The other $6 million will go towards attorney fees.

Despite the settlement agreement, Biomet maintains that their product were not responsible for any injuries or damages suffered by anyone who received those implants. However, it was revealed that shortly after Biomet introduced the devices in 2004, hundreds of complaints of the product failure began coming in to the company. Biomet didn’t act on those complaints.

Biomet isn’t the only hip replacement company facing litigation over defective metal hip replacement devices. Other companies include the Zimmer, Stryker, Biomet, Wright and DePuy.

If you received a defective hip replacement device, contact an experienced Westport medical malpractice attorney today to find out what compensation you may be entitled to for pain and loss.

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