Biomet Hip Implants

On October 4, 2013, a class action lawsuit was filed in Canada against the manufacturers and distributors of Biomet Hip Implants. The lawsuit alleges that the defendants were negligent in the research, design, manufacture, regulatory licensing, sale and post-market monitoring of the Biomet Implants.

The Biomet Implants are classified as Class III devices under Health Canada’s regulations, which are devices of substantial importance in preventing impairment of human health. The Biomet Implants were developed in order to reconstruct human hip joints that are diseased or damaged due to conditions such as osteoarthritis, rheumatoid arthritis, avascular necrosis, or fracture. Once implanted, the Biomet Implants were supposed to last for an average of 15 or more years.

The representative plaintiff claims that the Biomet devices failed due to design and manufacturing defects which resulted in excess metallic wear debris and which caused an adverse biological reaction, leading to the failure of the implant and the need to be replaced. The suit alleges that Biomet knew or should have known that its metal-on-metal implant devices were not safe or effective, but failed to warn Health Canada or patients.

The Biomet Implants all shared common defective design characteristics that made them susceptible to early failure and cause serious adverse effects in patients. In particular the Biomet Implants used metal-on-metal components, which cause metal debris to be released into the surrounding tissue and other complications. The heavy metals released can be toxic, and may cause, inter alia, tissue necrosis, metallosis, pseudotumours, bone dislocation and failure of the hip joint.

If you or a loved one has experienced complications due to a Biomet Hip Implant, call Klein Lawyers today to speak to a case manager about representation. To find out whether you can file a claim over your hip implant injuries, fill out our “Do You Qualify Form”.

Court Documents
Oct, 4, 2013
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“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”

Sawatzky v. Société Chirurgicale Instrumentarium Inc., 1999 CanLII 6982 at para. 11

“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”

Fischer v. Delgratia Mining Corp, [1999] B.C.J. No. 3149 at para. 23

“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”

Knudsen (Guardian of) v. Consolidated Food Brands Inc., 2001 BCSC 1837 at para. 40

“Mr. Klein is experienced and able in relation to class proceedings. Over time he has acquired expertise that permits him to make a valuable contribution...”

Killough v. Canadian Red Cross Society, 2001 BCSC 1745 at para. 28

“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”

Fakhri v. Alfalfa’s Canada Inc., 2005 BCSC 1123 at para. 23

“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”

Jeffrey v. Nortel Networks Corp., 2007 BCSC 69 at para. 29

“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”

Rideout v. Health Labrador Corp, 2007 NLTD 150 at para. 156

“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”

McSherry v. Zimmer GMBH, 2012 ONSC 4113 at para. 21

“The proposed Class Counsel have excellent qualifications…”

Parker v. Pfizer Canada Inc., 2012 ONSC 3681 at para. 130

“Mr. Klein of Klein Lawyers has over 20 years of experience in the field of class action litigation and has appeared as plaintiffs’ counsel in over 25 certified class actions...”

Stanway v. Wyeth Canada Inc., 2015 BCSC 983 at para. 39

“Class counsel, Klein Lawyers LLP and Kim Orr Barristers P.C., are highly experienced in class action litigation. Both firms have practiced in the specialized area of class action litigation for over 20 years”

Merlo v. R, 2017 FC 533 at para. 34

“British Columbia class counsel took on this case on a contingency basis, and faced a real risk of not being paid at all for their services.”

Jeffrey v. Nortel Networks Corp, 2007 BCSC 69 at para. 73

“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”

Merlo v. R, 2017 FC 533 at para. 84

“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”

Richard v. British Columbia, [2010] B.C.J. No. 1363 at para. 20

“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”

McSherry v. Zimmer GMBH, 2016 ONSC 4606 at para. 38

“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”

Merlo v. R, 2017 FC 533 at para. 12
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