Melissa LaFreniere  |  October 9, 2015

Category: Legal News

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hip pain hip class action hip implant lawsuitA hip implant lawsuit has been filed against Biomet Inc., alleging that the hip manufacturer actively concealed known defects while aggressively marketing the medical device.

Plaintiff Abigail C. of Washington claims Biomet misrepresented their metal-on-metal hip implant as safe and effective, contradicting hundreds of reports that the product was in fact defective.

Background on Biomet Hip Implant Lawsuit

Abigail alleges that she underwent hip replacement surgery to help relieve pain and improve joint function; she was implanted with a Biomet M2a Magnum hip system in April 2008. Abigail claims that only two months later she had to be readmitted to the hospital due to significant settling and loosening of the hip implant.

It was then that her doctor removed the Biomet stem and inserted a new stem of the same model. However, by August 2015 the metal-on-metal system had to be completely removed and replaced with a new hip implant.

According to the hip replacement lawsuit, most artificial hips are intended to last at least 15 years and an overwhelming majority of patients never require revision surgery. Revision surgeries to replace an artificial joint carry additional risks and may have poorer outcomes when compared to the original hip replacement surgery.

Abigail claims that the M2a Magnum hip implant was designed and marketed to offer an alternative metal surface that would resist wear and tear of the bearing and thus last longer. She is suing for negligence and fraudulent misrepresentation stating that the defendants concealed their knowledge that the device caused injuries motivated by financial gain.

The hip lawsuit claims that Biomet had a duty to warn about the dangerous side effects including high levels of metal ions in the blood, need for revision surgery and early component loosening.

Abigail is seeking more than $75,000 in financial compensation to help cover the money she paid for the hip implant, the medical care she required, past wage loss, loss of future earnings, past and future pain, disability and emotional distress.

Hip Replacement Complications

According to the metal-on-metal hip implant lawsuit, the Biomet hip system entered the U.S. market without any testing. Abigail claims that instead of assuring the safety of the M2a Magnum hip implant through clinical trials and premarket approval, defendants sought FDA clearance though section 510(k) and the medical device was “grandfathered” in.

More than 1,300 adverse reports of hip complications and failures have been reported to the U.S. Food and Drug Administration which lead to a voluntary recall of metal-on-metal hip implants.

Commonly reported hip implant side effects include:

  • Cobalt poisoning
  • Chromium or cobalt leaking into bloodstream
  • Loss of bone strength
  • Tissue death
  • Non-cancerous tumors around implant
  • Heart disease
  • Cancer

Thousands of hip implant lawsuits have been filed by plaintiffs who had to have hip revision surgery after the medical device failed or caused severe side effects. Contact a hip implant attorney to find out if you have legal claim.

The Hip Implant Lawsuit is Case No.  3:15-cv-00434-RLM-CAN and is part of In Re: Biomet M2a Magnum Hip Implant Products Liability Litigation, MDL 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.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.