A woman has filed a Biomet M2a Magnum hip implant lawsuit against the manufacturers of the device alleging the company was negligent in the making of the hip implant.

Plaintiff Shelagh B. filed her Biomet M2a Magnum Hip implant lawsuit in Utah federal court as a “tag-along” action to the multidistrict litigation currently in progress in Indiana federal court over the device. Shelagh states that she suffered personal injury as a result of the use of the device, and that the suffering and damages she incurred have easily been prevented.

In March 2007, Shelagh underwent a total hip replacement in her right hip and developed pain, discomfort and soreness shortly thereafter, according to the Biomet M2a Magnum hip implant lawsuit. She was required to undergo revision surgery in order to address the problem.

Shelagh also suffered from metallosis, also known as metal poisoning, as a result of the placement of the Biomet device. The plaintiff states that she lost wages and suffered future loss of earning capacity, incurred medical expenses in the past and will incur medical expenses in the future and suffered permanent harm due to complications associated with a second hip replacement.

“Plaintiff would not have suffered from unnecessary pain and debilitation, as well as the need to undergo subsequent revision surgery, had Defendants taken the affirmative step of recalling the Device (especially when dozens of complaints were first being made to the FDA regarding the Device’s failures), or had Defendants at least warned orthopedic surgical community and the public of the dangers of the Device so that those who had the Device implanted can be medically monitored for signs of the Device malfunctioning including listening and metal debris and related injury,” the Biomet M2a Magnum Hip implant lawsuit states.

Unlike with most metal hip implants, the Biomet M2a Magnum hip implants has a metal liner. Other metal hip implants have a plastic liner that goes between the metal parts, forming a barrier of sorts. With an all-metal implant such as Shelagh’s Biomet device, the metal pieces rub together, which can cause small particles of metal to flake off and entered the nearby tissue and blood stream.

When the metal particles invade the tissue, it can cause tissue damage and death. Death of the tissue surrounding the implant can cause it to loosen, causing pain, discomfort and dislocation of the device. When the metal particles enter the bloodstream, they can cause systemic issues such as endocrine and metabolic disruption and can damage organs.

Shelagh raises several claims in her Biomet M2a Magnum hip implant lawsuit including strict liability for design defect, in adequate warning and manufacturing defect as well as breach of express warranty, negligence and negligent misrepresentation.

Plaintiff is seeking compensatory damages for pain, suffering, emotional distress, loss of enjoyment of life and other noneconomic damages, economic damages for medical expenses and lost earnings, punitive and/or exemplary damages, pre-and post-judgment interest, attorneys’ fees and costs and any additional relief as deemed just and proper by the Court.

The Biomet M2a Magnum Hip Implant Lawsuit is Case No. 2:17-cv-00063-EJF, in the U.S. District Court for the District of Utah.