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.
While not admitting liability, the Defendants have agreed to a Settlement Agreement in these lawsuits, and the courts have approved the Settlement. Click here for a copy of the Settlement Agreement.
Who is included in the Settlement?
The Settlement applies to all persons 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.
Submit a Claim
To receive compensation from the Settlement Agreement, Class Members must submit a completed Claimant Declaration along with a Physician’s Declaration (if applicable) before the applicable deadlines. You can submit a Claimant Declaration online here. You may also download a PDF version of the form on the Documents page and mail or email the completed form to Verita Global.
For Class Members who are unrevised, who are medically precluded from having a revision surgery, or who will have had a revision surgery as of October 27, 2025, all required documents supporting their claim must be submitted by January 26, 2026.
For Class Members who have not yet had a revision surgery but as of the Claims Deadline have a scheduled revision surgery, or have been indicated by a physician as requiring a revision surgery and the revision surgery has been planned (even if the date and time have not yet been finalized), a claim must be submitted by January 26, 2026. All further required documents in support of their claim must be submitted within 90 days of the scheduled revision surgery.
For Class Members who have undergone a revision surgery between October 27, 2025 and January 26, 2026, all required documents supporting their claim must be submitted within 90 days after the revision surgery.
What does the Settlement provide?
Eligible Class Members who submit all required forms and documentation within the timelines in the Settlement Agreement will receive compensation.
The amount of money awarded to an Eligible Class Member will depend on individual factors including when the initial surgery to implant the Biomet Device occurred, whether the Biomet Device was revised in a revision surgery, and when that revision surgery took place. In addition, there will be deductions for legal fees and levies to Public Litigation Funders. See FAQ#7 for more information.
Some Class Members may be eligible for compensation under the Special Claims Protocol. See FAQ#9 for more information.
Are Class Members responsible for Legal Fees?
Under the terms of the Settlement Agreement, the Defendants have agreed to pay Class Counsel $1.25 million as a contribution towards Class Counsel Fees, Disbursements and applicable taxes.
The Court approved Class Counsel Fees and Disbursements of 25% to be deducted from payments made to Eligible Class Members for the work performed in the class action and to obtain the Settlement.
Further legal fees, disbursements, and taxes to assist each claimant in submitting a claim in the Settlement may also be payable in an amount to be agreed upon between the Class Member and counsel.
Class Counsel has undertaken not to charge more than 8.3% to assist with the Class Member’s claim. Class Members may choose to retain a different lawyer (other than Class Counsel) to assist with a claim or may choose to submit a claim without assistance from a lawyer.
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 the Claims Administrator or Class Counsel.