Frequently Asked Questions

The Ontario Court has authorized a Notice to inform Class Members about the approval of the Settlement Agreement in these Class Actions. The notice explains the lawsuits, the Settlement, and Class Members’ legal rights.

In a class action, one or more people called a “Representative Plaintiffs” sue on behalf of those with similar claims. These people are called a “Class” or “Class Members”. The courts resolve the issues for everyone affected by the class action, except those who excluded themselves, or “opt out” of the lawsuit.

The class actions relate to 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 (the "Biomet Devices"). The Plaintiffs claim that the Biomet Devices were defective and failed prematurely when implanted in patients in Canada. The Defendants deny these claims, and the Court has not decided whether the claims are correct.

The Plaintiffs and the Defendants have agreed to a Settlement of the class actions. By agreeing to settle the lawsuit, the parties avoid the costs, uncertainty, and delay of going to trial and obtaining judgment, and the risks associated with being unsuccessful at trial. In this case, it also means that Class Members will not need to testify in court.

The Ontario Superior Court of Justice approved the Settlement on October 28, 2024. A copy of Justice Glustein's decision to approve Settlement is available here.

The settlement applies to all eligible class members who were implanted with a Biomet Device in Canada and have not opted out of the Dine v. Biomet et al. action, their estates and certain family members.

Class Members must have been implanted with a Biomet Device in Canada to be eligible for compensation.

In order to participate, Class Members must submit a completed Claimant Declaration to the Claims Administrator by the applicable deadline.

Each Class Member must provide Product Identification confirming the reference number (sometimes referred to as “catalogue number”) and lot number of the device that was implanted, in addition to other documents required by the Settlement Agreement.

Product Identification confirms that Class Members were implanted with a Biomet Device. Product Identification can be found on the peel-and-stick label (the “Label”) from the Biomet Device that should be affixed to the medical record from the implant surgery (sometimes called the implant operative report).

Class Members can obtain a copy of their implant surgery medical record from the hospital where the implant surgery occurred or from a physician. For assistance, Class Members can contact one of the law firms for the Class Members ("Class Counsel") using the information online here: biometdevicesettlement.com/contact-us.aspx

To be eligible under the Settlement Agreement, the reference/catalogue number on the Label must be as follows:

• The claimant must submit a Product Identification for both a femoral head and a one-piece acetabular cup.
• The following reference/catalogue numbers correspond to femoral heads used with the M2a Magnum:

• following reference/catalogue numbers correspond to the acetabular cups used with the M2a Magnum:

  US157844	US257844
  US157846	US257846
  US157848	US257848
  US157850	US257850
  US157852	US257852
  US157854	US257854
  US157856	US257856
  US157858	US257858
  US157860	US257860
  US157862	US257862
  US157864	US257864
  US157866	US257866

The following reference/catalogue numbers correspond to the femoral heads or caps used with the M2a Recap: 

• The following reference/catalogue numbers correspond to the acetabular cups used with the M2a Recap: 

  157844	157944	130846	130846 HA	1575438
  157846	157946	130848	130848 HA	157440
  157848	157948	130850	130850 HA	157442
  157850	1557950	130852	130852 HA	157444
  157852	157952	130854	130854 HA	157446
  157854	157954	130856	130856 HA	157448
  157856	157956	130858	130858 HA	157450
  157858	157958	130860	130860 HA	157452
  157860	157960	130862	130862 HA	157454
  157862	157962	130864	130864 HA	157456
  157864	157964	130866	130866 HA	157458
  157866	157966	130868	130868 HA	157460

• The following reference/catalogue numbers correspond to the femoral heads used with the M2a 38: 

  11-173660

  11-173661

  11-173662

  11-173663

  11-173664

  11-173665

  11-173666

• The following reference/catalogue numbers correspond to acetabular cups used with the M2a 38: 

  15-105048	15-106048	RD118848
  15-105050	15-106050	RD118850
  15-105052	15-106052	RD118852
  15-105054	15-106054	RD118854
  15-105056	15-106056	RD118856
  15-105058	15-106058	RD118858
  15-105060	15-106060	RD118860
  15-105062	15-106062	RD118862
  15-105064	15-106064	RD118864
  15-105066	15-106066	RD118868
  15-105068	15-106068	RD118870
  15-105070	15-106070

Where a Product Identification submitted by a claimant specifies a reference/catalogue number listed above, except that it includes or excludes an alphabetical prefix (e.g. "US"), the Claims Administrator shall deem the claimant to have submitted qualifying Product Identification for that component.

The images below are examples of Product Identifications. Please note that not all product labels are identical to the examples below.. These examples are provided to help Class Members identify the location of the reference and lot numbers of their device to assist them in determining whether they may be eligible under the Settlement.

If a Class Member is unable to obtain the Label because their implant surgery hospital could not locate it in their hospital medical records, then they may provide the following to prove that they received a Biomet Device:

a) If the Biomet Device has been explanted from the Class Member’s body and it still exists, they may provide (1) a colour photograph of the Biomet Device that shows the identification numbers on the edge of the Biomet Device, and (2) a Physician's Declaration confirming that they were implanted with a Biomet Device and the date of the implantation; 

OR

b) If Class Members cannot obtain a photograph because the Biomet Device is not within their possession, custody, or control, they must provide (1) a copy of their implant surgery operative report from the hospital where they were implanted, which confirms that they were implanted with a Biomet Device, and (2) a Physician's Declaration confirming that they were implanted with a Biomet Device and the date of implantation.

Eligible Class Members who submit all required forms and documentation within the timelines in the Settlement Agreement will receive compensation.

The Settlement provides the following compensation amounts for Class Members who were implanted with Biomet Devices:

“Qualified Revision Surgery Claimant” means a Class Member who, as of the Claims Deadline, was implanted with a Biomet Device in Canada and:

i.    has had a revision surgery;

ii.   has been scheduled for a revision surgery; or

iii.  was indicated by a physician as requiring a revision surgery and the revision surgery is planned, even if the date and time  have not yet been finalized.

The revision must have taken place, or take place, at least 180 days after the Index Surgery and not have been required because of infection or trauma unless medical records establish that the claimant would likely have required the revision regardless of the infection or trauma.

“Medically Precluded” means a Class Member for whom a Revision Surgery was determined to be necessary within 12 years and 1 day of the Index Surgery, but who was unable to undergo a Revision Surgery due to the existence of a medical condition.

The Settlement Agreement provides that compensation for Qualified Revision Surgery Claimants and Medically Precluded Class will be subject to the following reductions:

The Settlement Agreement also provides for:

a) A Discretionary Fund to be distributed to Class Members under the Special Claims Protocol;

b) Additional compensation for certain defined complications;

c) Compensation for certain out-of-pocket expenses; and

d) Compensation for family members who provided care in certain circumstances.

For class members resident outside of Quebec, a 10% levy on each award will be paid to the Ontario Class Proceedings Fund. For class members resident in Quebec, a 10% levy on each award will be paid to the Quebec Fonds d’aide aux actions collectives.

The Settlement Agreement states that Claimants may be eligible for up to an additional $40,000 in compensation for complications following a Revision Surgery. Claimants who had a Biomet Device implanted in both the left and right hips, and underwent Revision Surgeries in both hips, may be eligible for up to an additional $50,000.

The table below sets out the qualifying complications and available compensation:

For assistance with a claim for compensation arising from a qualifying complication, Class Members can contact one of the Class Counsel law firms using the information online here:biometdevicesettlement.com/contact-us.aspx

Under the Settlement Agreement, the Defendants agreed to pay an additional $750,000 for distribution through the Special Claims Protocol. The Court approved the Special Claims Protocol by order dated October 28, 2024.

The Special Claims Protocol provides compensation for claims which are not covered under the main Settlement Agreement. In particular, the Special Claims Protocol provides compensation for:

(a) Unrevised Class Members with high blood levels of cobalt or chromium;

(b) Any Class Members whose index surgery occurred in late 2013 or 2014 and whose revision surgery occurred within 12 years but after the claims deadline in the Settlement; and

(c) Class Members whose revision surgeries occurred 12-16 years after their index surgery.

For assistance with a claim under the Special Claims Protocol, Class Members can contact one of the Class Counsel law firms using the information online here: biometdevicesettlement.com/contact-us.aspx

Under the Settlement Agreement, the Defendants agreed to pay Class Counsel $1.25 million as a contribution towards Class Counsel Fees, Disbursements and applicable taxes. The Court approved the Defendant's contribution toward Class Counsel Fees, Disbursements and applicable taxes.

The Court also 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 may be payable if a Class Member agrees with their lawyer that those amounts will be paid. 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.

The Claims Administrator for this Class Action is Verita Global LLC. The Claims Administrator can be contacted at: 1-833-419-4973 or [email protected].

To receive benefits under this Settlement Agreement, Class Members must submit a completed Claimant Declaration along with a Physician’s Declaration (if applicable) before the applicable deadlines. These forms may be submitted online here and are available as printable PDFs here.

For Class Members who are unrevised, medically precluded from having a revision surgery, or have had a revision surgery as of October 27, 2025, all required documents supportting 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 that 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 date on which the scheduled revision surgery takes place.

For Class Members who have undergone a revision surgery between October 27, 2025 and January 26, 2026, all required documents in support of their claim must be submitted within 90 days after the revision surgery.

A “Scheduled Revision Surgery” means that the claimant has been scheduled to receive a Revision Surgery or a Revision Surgery has been planned (even if the date and time have not yet been finalized), but the Revision Surgery has not occurred as of 270 days after the date on which the Notice of Settlement Approval was disseminated, evidenced by the claimant submitting to the Claims Administrator by the Claims Deadline documentation in the form of:

a) Documentation from a hospital or physician confirming the claimant has been scheduled to receive a Revision Surgery, but the Revision Surgery has not occurred as of 270 days after the date on which the Notice of Settlement Approval was disseminated; or

b) A completed Physician’s Declaration, which confirms that: (i) the Revision Surgery has been scheduled as of the Claims Deadline; or (ii) the claimant has been indicated by a physician as requiring a Revision Surgery as of the Claims Deadline and the Revision Surgery has been planned (even if the date and time have not yet been finalized), in either case including the date on which the need for a Revision Surgery was indicated.

If a Class Member's Revision Surgery cannot occur due to a documented medical condition, the Class Member may be eligible to receive compensation under the Settlement Agreement as a Medically Precluded Class Member. In that case, the Class Member must submit a Claimant Declaration along with appropriate documentation that reflects this status (as provided in the Settlement Agreement) on or before January 26, 2026.

Class Counsel are the law firms Koskie Minsky LLP, Whelton Hiutin LLP, Klein Lawyers LLP, and Sylvestre Painchaud et Associés.

The Class Counsel law firms can be contacted through the information here: biometdevicesettlement.com/contact-us.aspx