N.Y. Resident Sues Biomet for Hip Replacement Complications

N.Y. Resident Sues Biomet for Hip Replacement Complications

By Shawn Coates

Plaintiff Robert Fiacco of New York has brought recent allegations against metal hip implant manufacturer Biomet Orthopedics, LLC for their hip system, the Biomet M2a-38 Hip. 

Fiacco had the hip implanted in 2005 and claims that he suffered serious hip injuries as a result. A normal hip implant should last 15 years until a replacement is needed, but he was forced to undergo more hip replacement surgery as early as 2008, just 8 years later. Now, Robert is taking action against Biomet with allegations the company deceived their consumers and selling a potentially defective product.

Hip Replacement Complications: An Overview

Over time, human hip joints can become diseased due to other medical conditions such as osteoarthritis, rheumatoid arthritis, avascular necrosis or even a fracture. Once the hip joint becomes diseased, a hip replacement is then required to alleviate symptoms. 

The Biomet M2a-38 Hip is defined as a Class III medical device by the U.S. Food and Drug Administration (FDA) but was never actually approved. According to the Biomet hip lawsuit, “The 1976 Medical Device Amendments to the Food, Drug and Cosmetics Act of 1938 (“MDA”) require Class III medical devices to undergo premarket approval by the FDA, except that a medical device on the market prior to the effective date of MDA – otherwise known as a “grandfathered” device – is not required to undergo premarket approval.” By going this route, Biomet was able to avoid extensive clinical testing trials for their product and thus put it on the market that much quicker.

According to the hip replacement lawsuit, Biomet stated numerous claims that their hip system is far more superior than any other on the market, with no evidence to back up the claims. Despite all of the positive claims they offer about their hip system, the hip lawsuit alleges that Biomet failed to leave out or undermined the associated risks with their hip system including: the risk of component wear, debris, loosening of the components, fracture and dislocation.

The FDA even expressed concerns to Biomet back in 2006 that the impact of metal debris and ions going into the blood of patients was unsafe and needed more investigating, to which Biomet participated in discussions about health effects along with other similar manufacturers, but their product remained unchanged.

The Metal-on-Metal Hip Implant Lawsuit is Robert Fiacco v. Biomet Orthopedics, LLC Inc., Case 6:13-cv-06514-CJS in the United States Western District Court of New York.

Receive The Legal Compensation You Deserve at No Cost!

If you have been the recipient of a metal on metal hip implant device and have experienced complications as a result, there is help available. To view your options, we invite you to check out the DePuy, Biomet, Wright Medical Technology & Others, Metal on Metal Hip Implant Class Action Lawsuit Investigation. Here you can also submit your information to metal hip implant attorneys who are actively investigating claims of hip replacement complications. Remember, these lawyers do not get paid until you do or the case settles.