Biomet Plaintiffs Anticipating 2015 Trials

Jacky Gale | January 9th, 2014

hip replacement pre settlement loan

In a recent Scheduling Order, the Judge presiding over the multidistrict litigation (MDL) which centralizes Biomet hip replacement lawsuits has established trial dates for the bellwether cases. These cases are proceeding in the U.S. District Court for the Northern District of Indiana before Judge Robert L. Miller. The MDL consolidates cases filed against the manufacturer with common complaints of side effects and complications.

The plaintiffs demand compensatory damages for their medical expenses, lost wages, and pain and suffering. The bellwether trials are the first group of lawsuits to go to trial in the MDL. The outcomes of those trials allow all parties to evaluate jury responses to certain evidence and testimony.

The Judge has established five bellwether trials, the first of which is scheduled for June 2015. Three additional trials are scheduled to begin in August, October, and December 2015. The parties involved in the fifth bellwether trial anticipate a January 2016 date. The Scheduling Order, which was issued on December 10, 2013, also establishes the procedure for discovery and the process of trial selection.

Biomet hip litigation may still take years

Although litigation in this MDL is moving forward, it may still be years before most plaintiffs resolve their cases with a jury award or settlement. There are more than 900 cases currently pending in the MDL, and more may be added. Even after jury awards are decided, the defendants may choose to appeal, further dragging out the process of litigation. In the meantime, it may be difficult for some plaintiffs to stay afloat financially. Due to the nature of the lawsuits, they likely have past and ongoing medical expenses and rehabilitative care needs, and they may also be struggling to provide for their families while coping with lost wages. For these plaintiffs, the solution could lie in a hip replacement pre settlement loan.

This type of lawsuit loan is non-recourse, which means that it does not need to be repaid in the event the plaintiff loses the case. It’s essentially a cash advance made against the potential for a future settlement. Since a hip replacement pre settlement loan poses absolutely no risk to the plaintiff, it’s an option well-suited for many families who would otherwise consider settling for less money than they deserve just to speed up the payment process. As an added bonus, a pre settlement loan can cover the cost of litigation itself, which is ideal for those who might otherwise not file a lawsuit against the hip replacement manufacturer.

Plaintiffs report revision surgery

The plaintiffs in this MDL all received the Biomet M2a Magnum, which is a metal-on-metal hip replacement device. Hip implants are often recommended for patients who have suffered extensive joint damage; these devices are supposed to reduce pain and improve range of motion. However, after receiving their hip implants, these plaintiffs allege they suffered significant and ongoing pain, reduction in mobility, and the need for revision surgery upon failure of the device. Hundreds of these devices have been reported as failures, and many plaintiffs have called for a Biomet recall.

The original hip replacement surgery can cause plaintiffs to incur significant medical expenses and rehabilitative costs. However, many plaintiffs have also been forced to endure the added indignities of a second surgery, setting them back financially even further. For plaintiffs struggling to pay their medical bills while awaiting the outcome of their case, Biomet hip lawsuit funding can be a lifesaver.

Obtaining a hip replacement pre settlement loan

While a lawsuit loan may not be right for every plaintiff, it’s ideal for those who need cash advances against their future settlement to take care of their bills and living expenses in the meantime. Plaintiffs can fill out a quick, easy application at LawStreet Capital, and may receive approval in as little as 24 hours. The approval process does not involve credit checks, employment verification, or any type of fee whatsoever.

And because the money does not need to be repaid if the case is lost, plaintiffs can rest easy knowing that they can provide for their families while litigation is pending. To speak with a friendly representative at LawStreet Capital, call 1.866.FUND.662.