Class Actions

Settlement Approval

We are pleased to advise that the Ontario Superior Court of Justice has approved the settlement in the Biomet metal on metal hip implant class action. A copy of Justice Glustein’s decision is available here.

The decision to approve the settlement must now be recognized by the Quebec Superior Court, hopefully within the next two months. Once that process is complete, we will deliver a detailed settlement notice to you containing information about how to make a claim, and when the claims process will start.

We will continue to post updates to our website regarding any new developments.

Settlement and Settlement Approval Hearing

We are pleased to advise that a settlement agreement has been reached in the Biomet metal-on-metal hip implant class action.

The settlement agreement must be approved by the Ontario Court. A hearing is set for October 25, 2024, at 10:00 AM, at which time the court will consider whether to approve the settlement. The notice of settlement approval is attached in the link below.

If the settlement is approved, a claims process will commence soon afterward and class members will be able to make claims to the claims administrator. If approved, the claims period will be open for approximately 9 months (270 days). We will provide an update on this page regarding the claims process and the final claims deadline if the settlement is approved.

Please find below documents relating to the settlement:

• Media release relating to the settlement;
• Notice of Settlement Approval – Short Form;
• Notice of Settlement Approval – Long Form;
• Notice of Settlement Approval in French – Short Form;
• Notice of Settlement Approval in French – Long Form;
• Court order approving notice and setting the Settlement Approval Hearing, with attachments;
• Special Claims Protocol;
• Settlement Agreement;
• English Objection Form.

Class Action

The law firms Whelton Hiutin LLP, Koskie Minsky LLP, and Klein Lyons have launched a class action against Biomet, Inc. and related entities regarding Biomet’s metal-on-metal hip implant systems, including the M2a Magnum, the M2a 38, and the ReCap Femoral Resurfacing System.

The lawsuit alleges that Biomet, Inc. and related entities were negligent in the research, design, manufacture, regulatory licensing, sale and post-market monitoring of their metal-on-metal hip implants, and that people implanted with the products in Canada suffered personal injuries when their hip implants failed. In particular, the Biomet metal-on-metal implants cause metal debris to be released into the surrounding tissue and other complications. The heavy metals released can be toxic, and may cause, among other things, tissue necrosis, metallosis, pseudotumours, bone dislocation and failure of the hip joint. Shortly after the Biomet implants were approved for sale in Canada, there were increasing reports of premature failures with these devices.

After a hotly contested certification motion Justice Belobaba certified this proceeding on December 18, 2015. A copy of the certification reasons can be read here.

James Newland (of Whelton Hiutin LLP), Jonathan Ptak (of Koskie Minsky LLP) and Doug Lennox (of Klein Lyons) are lead counsel in this new Canadian class action.

Biomet M2a and Recap hip replacement patients may be eligible for compensation due to the injuries they have suffered as a result of being implanted with the defective device. Compensation for past and future pain, suffering, medical bills, lost earnings, and disfigurement are among the damages that the patients may be entitled to recover. Our firm handles cases on a contingent fee basis. If there is no recovery, there is no fee. If you are interested in learning more about the action please complete and return the questionnaire at the bottom of this website.

Hip replacement

Patients who reported problems in the first five years and had revision surgery reported a variety of symptoms, including pain, swelling and problems walking. Other symptoms that may indicate a serious problem with the hip replacement parts include:

• Loosening – when the implant does not stay attached to the bone in the correct position;
• Fracture – where the bone around the implant may have broken;
• Dislocation – where the two parts of the implant that move against each other are no longer aligned; and
• Metal debris – where metal particles from the component parts moving together spread around the hip area.

We cannot estimate how long this class action may take before reaching a resolution of this matter. In order to ensure that you have the proper documentary evidence to support your claim if this matter is successful, you should ensure your medical records (or the medical records of the estate you represent) are intact and available. Doctors and hospitals are only required by law to keep patient records for a limited amount of time. In Ontario, for example, doctors are required to keep records for approximately ten years. You would be well advised to inform your healthcare providers of your need for these records in the future and/or to obtain copies.

Contact your Hospital health records department to determine whether you received a Biomet M2a / Recap hip implant. If you don’t know who performed your hip replacement surgery, ask your primary care physician or the hospital where the surgery took place. To be added to our list of potential claimants please complete our online form below or print and complete this Questionnaire and return it to the listed address.

IF YOU WISH TO GET MORE INFORMATION, PLEASE COMPLETE THE FORM BELOW. Please note that providing your information creates no financial obligation for you. All information contained in this transmission is confidential and Whelton Hiutin LLP agrees to protect this information against unauthorized use, publication or disclosure.

Medical Records

In order to ensure that you have the proper documentary evidence to support your claim if this matter is successful, you should ensure your medical records (or the medical records of the estate you represent) are intact and available. Doctors and hospitals are only required by law to keep patient records for a limited amount of time. In Ontario, for example, doctors are required to keep records for approximately ten years. You would be well advised to inform your healthcare providers of your need for these records in the future and/or to obtain copies..

Disclaimer

The Whelton Hiutin LLP Class Action website is not intended to create a lawyer-client relationship between you and the firm. By submitting your information to us, you are not creating a lawyer-client relationship with the firm, although the information will be kept confidential. A lawyer-client relationship may be formed only after we check for conflicts of interest and you sign a retainer agreement. The firm may contact you about your legal claim to discuss representation options. Because of the volume of e-mails, we cannot promise to respond to every submission.

In any class action lawsuit, it is the court that approves who will be eligible to participate in the class. If you feel you may qualify for damages or remedies that might be awarded in this class action, we request you fill out the form to help us determine if you are a legitimate member of the class or to make sure you get any mailings about the case. However, sumitting the form does not guarantee you any type of compensation.