Amanda Antell  |  September 28, 2015

Category: Legal News

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300 D.P.I

A West Virginia man is suing Biomet Inc. for allegedly causing him to suffer devastating complications, after using the defendant’s metal hip implant.

Plaintiff Anthony S. in his metal hip implant lawsuit claims that in direct result of using the defendant’s Magnum hip implant, he suffered a variety of complications including pain and device failure.

Anthony was suffering from hip pain and stiffness, and he eventually forced to consider hip replacement surgery. At the time of considering his options, his physician had recommended the Magnum Device, which is a metal-on-metal hip implant.

It is important to note that at this time, a Biomet sales representative had been present at the plaintiff’s doctor appointments to explain the Magnum Device and the advantages it would bring to the plaintiff.

While newer to the market than their ceramic or plastic counterparts, metal-on-metal hip implants outgrew the competition in popularity after being advertised to be superior in performance and durability.

Additionally, metal hip implants were highly marketable to the public for their customizable departures; these hip implants could reportedly be custom-fit to each patient. The Magnum Device was no different in this, which would have ideally allowed the plaintiff to live a healthy and uninterrupted lifestyle.

With all these benefits in mind, Anthony underwent total left hip replacement surgery on Sept. 9, 2008. Similar to the doctor’s appointments, a Biomet sales representative had assured the orthopedic surgeons that no complications should arise during or after surgery, stating that the Magnum Device was a superior metal-on-metal hip implant.

Unfortunately, this was not the case as the plaintiff had suffered severe pain, discomfort, dysfunction, soreness, and limited motion.

Despite initially responding well to the device after surgery, Anthony was forced to undergo revision surgery on May 5, 2015. The metal hip implant was then explanted, and the plaintiff was left to contend with the long recovery process.

It is important to note that the revision surgery carries more risk of complications than the initial implant surgery, with the plaintiff facing even greater risk of side effects. Currently, the plaintiff is still recovering from the revision surgery and is contending with sore hip joints and limited movements.

Overview of Metal Hip Implant Complications

According to the FDA, there have been hundreds of metal hip implant injury reports filed over the last five years and have spurred several major manufacturing companies to do a recall on their metal-on-metal hip implant models.

Therefore, the plaintiff is filing legal action against Biomet Inc. for allegedly failing to disclose the risks attached to their metal hip implant, and for allegedly misprioritizing their profit margin over his health.

At no point during or after his doctor appointments or his surgery did the Biomet representative sufficiently describe the possible complications associated with the Magnum Device.

Additionally, there were no warnings or indications of the complications associated with the defendant’s metal hip implant, nor did they provide any relevant studies.

The plaintiff’s lawyers state that Biomet had the civil responsibility of warning their client, as well as other patients of the potential side effects associated with their products because the public relies on the given information. Anthony insists that he never would have used the Magnum Device if had known the risks.

So for being allegedly responsible for manufacturing, selling, distributing, and marketing a dangerous product, Anthony is suing Biomet Inc. The charges include: negligence, false advertising, concealing information, and misrepresenting a product.

This Metal Hip Implant Lawsuit is Case No. Case 1:15-cv-01890-JKB, in the U.S. District Court of Maryland.

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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