A North Carolina couple is suing hip implant manufacturer Biomet Orthopedics over claims that company knew its M2a Magnum Hip System could cause serious complications but chose to conceal this information from surgeons and patients.
Plaintiffs Thomas and Lynne C. filed the metal hip implant lawsuit alleging Biomet should have either recalled the metal implants, after becoming aware of its defects, or at a minimum should have stopped selling the hip system after it “catastrophically failed” in several patients.
According to the metal-on-metal hip implant lawsuit, Thomas underwent hip replacement surgery in 2005 and was implanted with a Biomet M2a38 metal-on-metal prosthesis.
Thomas claims that Biomet misrepresented that its hip system was safe and effective, which is why his surgeon chose the metal-on-metal hip implant. The hip replacement lawsuit states that “If it were not for the misrepresentations made by Biomet, Plaintiff’s orthopedic surgeon would not have used the Biomet Hip System.”
The hip implant lawsuit claims that in February 2015, Thomas was in severe pain and was forced to undergo painful hip revision surgery. During the surgery, his physician noted evidence of metallosis as well as elevated levels of cobalt and chromium ions.
According to the plaintiff, hip revision surgery has left him more susceptible to further hip replacement complications including dislocation. Thomas claims that he had a dislocation repaired on March 2, 2015 followed by a second revision of the right hip joint on March 11, 2015.
The hip replacement lawsuit alleges Biomet is liable for breach of implied warranty stating that “Plaintiff’s physicians were and are unskilled in the research, design and manufacture of the Hip System, and they reasonably relied entirely on the skill, judgment and implied warranty of Biomet in using the Hip System.”
The plaintiffs are also suing for negligence over the alleged misrepresentations about the safety and effectiveness of the M2a Magnum Hip System. In addition, Lynne claims she is entitled to loss of consortium damages, including companionship and a conjugal relationship with her husband.
The couple is seeking more than $75,000 in financial compensation for the medical costs of hip revision surgery as well as the pain and suffering they have endured.
Hip Implant Complications
According to the metal hip replacement lawsuit, there are currently more than 350 reports of adverse events related to Biomet’s M2a Magnum Hip System filed with the Food and Drug Administration.
Some of the alleged hip implant side effects include:
- Tissue death
- Metal poisoning
- Cobalt poisoning
- Heart disease
- Cancer
- Chromium or cobalt leaking into bloodstream
- Loss of bone strength
- Non-cancerous tumors around implant
Thousands of lawsuits have been filed by patients who claim the metal-on-metal hip implants are defective. Families who lost a loved one due to hip replacement complications may be able to file a wrongful death lawsuit.
The Metal-on-Metal Hip Implant Lawsuit is Case No. 3:15-cv-00540-RLM-CAN and the Biomet MDL is In re: Biomet M2a Magnum Hip Implant Products Liability Litigation, MDL No. 2391 in the U.S. District Court for the Northern District of Indiana, South Bend Division.
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*
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- Zip Code*
- Phone*
- Email*
- What year did you/your loved one receive a metal on metal hip implant?*
- Was the original hip implant surgery after January 1, 2009?*
YesNo
- 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
- No
- 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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