Biomet Did Not Breach MSA in Settling with M2a Magnum Hip Plaintiff, Ind. Judge Rules

SOUTH BEND, Ind. — Biomet Inc. did not breach the M2a Magnum Hip master settlement agreement by paying a plaintiff $25,000 rather than $200,000, an Indiana federal judge has ruled, noting the plaintiff did not exercise his option to mediate, and impliedly consented to the settlement when he accepted and retained the reduced award.

In a Nov. 13 order, Judge Robert Miller of the U.S. District Court for the Northern District of Indiana explained the MSA allowed Biomet to seek a reduced award for any good cause.

Donald Eastman directly filed suit in the Biomet M2a Magnum multidistrict litigation on …