An Arkansas woman is suing Biomet Inc. and its related companies over hip implant complications that required surgery to resolve.
Plaintiff Hilda E. was implanted with a Biomet M2a Magnum artificial hip in November 2008. Later, due to worsening complications, she underwent a revision surgery in March 2015 to remove the M2a Magnum and replace it with a different system, according to the metal hip implant lawsuit.
The Biomet M2a Magnum is a metal-on-metal hip replacement system. Hilda says that while most hip replacement systems use a polyethylene liner inside the ball joint, the M2a Magnum has no such liner, forcing the metal femoral head to rub directly against the metal inside of the acetabular cup.
The Arkansas woman says in her metal on metal hip implant lawsuit that this design causes metal fragments of cobalt and chromium to wear off and disperse through the body. The loose metal fragments can kill bone and soft tissue. It can also cause the body to reject the implant, she says, producing symptoms such as “pain, looseness, dislocation, and popping sounds.”
Hilda says Biomet knew or should have known from patients’ adverse event reports that the M2a Magnum was a defective product. She says the company received hundreds of reports of M2a Magnum failure, some of which resulted in surgery to remove the implant.
The FDA’s Adverse Event Reporting System also received many complaints about M2a Magnum complications. Hilda argues that these reports of complications and failures should have been reason enough for Biomet to recall the M2a Magnum.
At the same time, Biomet continued to promote the M2a Magnum as if nothing was wrong, the suit says. Biomet representatives met with orthopedic surgeons all over the U.S. to actively promote the M2a Magnum as a safe product with a low rate of failure.
Hilda says that her orthopedic surgeon would not have used the M2a Magnum if it were not for Biomet’s alleged misrepresentations about that system’s performance.
Hilda argues that Biomet purposely concealed the M2a Magnum’s problems to make the company more appealing to investors, leading to the 2007 purchase of Biomet by a private equity firm for $10 billion.
Hilda’s hip implant lawsuit is based on theories of defective manufacturing, defective design, nonconformance with representations, failure to warn, negligence, breach of warranty, misrepresentation, fraudulent concealment, and violation of the Arkansas Deceptive Trade Practices Act.
She seeks compensation for her injuries, emotional distress, medical expenses, future medical monitoring, and lost earnings and lost earning capacity. She also seeks an award of punitive damages based on Biomet’s allegedly intentional effort to hide information about problems with the M2a Magnum.
The Biomet M2a Magnum MDL
Hilda’s claim is part of the Biomet M2a Magnum multidistrict litigation, or MDL, now pending in an Indiana federal court. The federal court system uses the MDL process to render consistent and more timely decisions when a large group of individual claims share common issues of fact and law – as is the case with much large-scale products liability litigation.
As the court completes pretrial procedures on each case they are generally sent back to their home courts for trial.
The Biomet M2a Magnum MDL is pending in the U.S. District Court for the Northern District of Indiana under MDL No. 2391 and master docket no. 3:12-MD-02391. This Hip Implant Lawsuit is pending under Case No. 3:15-CV-00367.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The hip implant attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, metal hip implant lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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Join a Free Metal Hip Replacement Class Action Lawsuit Investigation
If you or a loved one had a metal-on-metal hip implant that failed or caused serious complications, you may be entitled to compensation. Hip replacement lawsuits are being filed now against multiple companies, including Stryker, Biomet, DePuy, Zimmer, and Wright. See if you qualify to take legal action by filling out the form below.
An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.
- First Name*
- Last Name*
- Street Address*
- Apt. #
- City*
- State*
AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific
- Zip Code*
- Phone*
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- What year did you/your loved one receive a metal on metal hip implant?*
- Was the original hip implant surgery after January 1, 2009?*
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- Did you/your loved one need revision surgery?*
YesNo
- If applicable, what year did you/your loved one have your original hip implant replaced?
- Please select which symptoms you or your loved one were medically diagnosed with:*
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Failure of the metal on metal hip implant requiring early replacement.
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Dislocated Hip.
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Leaking of toxic substances in your bloodstream from your hip implant like chromium or cobalt.
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Cancer.
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Degenerative Heart Disease or Cardiomyopathy.
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Loss of bone strength or structure which can result in bone fractures.
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Tissue death for any tissue surrounding the implant.
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Non-cancerous tumors or pseudotumors around the hip implant.
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Cobalt poisoning.
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Metallosis or metal poisoning due to chromium or cobalt particles from the hip implant leaking into nearby tissue or the patient’s bloodstream.
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Not Listed (please detail the symptoms in the comments section if this is selected.)
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- ¿Necesita un orador español?
- Yes
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- Please enter any additional details you would like the staff reviewing your submission to know.*
- I understand and agree that submitting this form does not create an attorney-client relationship and that the information I submit is not confidential or privileged and may be shared.*
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Yes
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