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.