By Brigette Honaker  |  March 26, 2018

Category: Legal News

A Biomet hip implant lawsuit has been filed against Biomet Inc. over allegations that their Magnum hip replacement fails prematurely.

Plaintiff Jennifer F. filed her Biomet hip implant lawsuit against Biomet Inc., Biomet Orthopedics LLC, Biomet Manufacturing LLC, and Biomet U.S. Reconstruction LLC alleging that their M2A-Magnum hip replacement system fails before patients expected.

In January 2009, Jennifer says, she underwent a total hip replacement surgery on her left hip and received a Magnum hip implant. After her surgical implant, she allegedly suffered from pain, discomfort, soreness, dysfunction, loss of range of motion, and elevated blood levels of metal ions allegedly caused by the Magnum hip implant. In January 2018, Jennifer had to undergo a revision surgery, allegedly due to complications and failure of her previous implant.

The Magnum hip replacement system is a metal-on-metal design which is mounted to the patient’s bone. The replacement was developed to reconstruct hip joints diseased by osteoarthritis, rheumatoid arthritis, avascular necrosis, or fracture.

The device was allegedly marketed with the claim that they would last much longer than a conventional hip replacement with a polyethylene liner. According to the lawsuit, Biomet allegedly marketed the device to surgeons as “designed specifically to address the issue of wear debris” and “the right choice for use in young, highly active patients.”

Beginning in 2006, the FDA allegedly received reports of complications, a number of which required revision surgeries. In 2011, the Australian Orthopedic Association allegedly published a report showing the Magnum device had a yearly cumulative revision rate of 7.2% after seven years, a rate much higher than other metal-on-metal hip replacement systems.

After this was published, the FDA allegedly required Biomet and other manufacturers to provide data on the metal levels in the blood of patients with metal-on-metal implants. The FDA then allegedly concluded that metal-on-metal implants such as the Magnum device have a higher chance of revision surgery.

Jennifer argues that the metal-on-metal design of the Magnum hip replacement system generates metal debris from normal wear and tear that can spread to the surrounding bone and tissue. Alleged results of the implant’s defects include pain and suffering, lack of mobility, inflammation, tissue death or damage, and revision surgery.

“The Biomet defendants manufactured and marketed the Magnum device to the public, even though they knew, or should have known, of the danger that the Magnum device posed to the public,” the Biomet hip implant lawsuit states. Jennifer alleges that Biomet should have recalled the Magnum device when they began receiving complaints about the complications.

In her Biomet hip implant lawsuit, Jennifer argues that the Magnum hip implant system is dangerous because it has a higher risk of revision surgeries than other implants. In a hip revision surgery, the existing hip implant is removed and replaced with another device.

These surgeries may be especially difficult if the patient had a local reaction to the original implant that may have affected the soft tissue or bone quality. Risks of revision surgery include anesthesia complications, excessive bleeding, blood clots, infection, pulmonary embolism, and further implant failure.

Jennifer accuses Biomet of strict products liability, breach of warranty, negligence, negligent misrepresentation, and violation of state consumer protection laws. The Biomet hip implant lawsuit seeks damages for medical costs, loss of income, permanent disability, and pain and suffering as well as court costs, and attorneys’ fees.

The Biomet Hip Implant Lawsuit is Case No. 3:18-cv-00171 in the U.S. District Court for the Northern District of Kentucky.

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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