Tamara Burns  |  August 31, 2015

Category: Legal News

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300 D.P.IA couple has filed a metal-on-metal hip implant lawsuit against Biomet Orthopedics, LLC, Biomet, Inc. and Biomet, LLC due to complications allegedly caused by the device.

The metal hip lawsuit was filed by plaintiffs Gregory and Bonnie S. as part of the multidistrict litigation (MDL) through the U.S. District Court for the District of South Carolina, Greenville Division.

The product under question is the Biomet M2a Magnum Metal-on-Metal Hip System. This device was implanted in Gregory’s left hip in 2006.

As a result of the alleged design defect of the product, the implant’s metal-on-metal design caused the implant to slough off pieces of metal, the metal hip replacement class action lawsuit says.

The debris created from the metal-on-metal contact caused the tissue and bone surrounding the implant to die. Gregory also suffered from toxic levels of cobalt and chromium in his body from the metal used in the implant.

Overall, the implant failed and Gregory had to undergo a risky hip revision surgery to remove the defective implant and replace it with another.

The charges against Biomet include strict product liability, negligence, breach of implied and express warranty, breach of implied warranty of fitness for a particular purpose, violation of South Carolina Unfair Trade Practices Act, fraudulent concealment, intentional tort and loss of companionship of spouse.

Gregory and Bonnie are seeking past and future damages, attorneys fees, compensation for physical and emotional pain and suffering and loss of enjoyment of life in multiple areas.

The Biomet Metal Hip Lawsuit is Case No: 6:15-cv-002525-MDL in the U.S. District Court for the District of South Carolina, Greenville Division and is filed under the Biomet Metal Hip MDL.

Metal Hip Replacement Complications

Most hip replacements do contain metal, but they also contain plastic to line the metal for a smoother surface contact. What makes the Biomet and other metal-on-metal implants different is that there are no plastic liners, and metal is in contact with metal when the patient moves.

This causes the metal pieces to rub together and slough off small metal fibers. These dislodged fibers can allegedly cause the cascade of problems in the patient.

Initially, the fibers are detected by the body as a foreign object, and the body begins to reject the hip implant. This rejection by the body causes pain, looseness, popping and even dislocation of the implant joint. Fluid can accumulate as part of the inflammation and swelling, and the tissue and bone around the implant may die.

In addition to the more localized consequences of the metal debris, patients like Gregory can also have systemic cobalt and chromium poisoning. Chromium and cobalt are minerals essential to the body for function, but the additional amount added by the hip implant cause an overload and lead to toxicity.

This metal poisoning, or metallosis, can cause problems such as organ failure, endocrine disorders and heart disease.

Removing the faulty metal-on-metal hip implant and replacing it with another implant that employs a plastic lining is the only way to begin to relieve the metallosis and body rejection of the metal. This often helps the problems that were caused, but because the fibers could have affected other organs, it may not be curative.

Biomet Hip Replacement Lawsuit Information

Early in 2014, Biomet paid out $56 million dollars in a Biomet MDL that began in 2012 in a federal court in Indiana. There were over 200 metal hip replacement lawsuits filed by individuals who had the Biomet implant and underwent revision surgery more than six months after the initial hip replacement.

Individuals received a base award of $200,000 and additional compensation was added for other circumstances being met.

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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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.

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