By Tracy Colman  |  May 10, 2018

Category: Legal News

Skeleton hip segment made in 3D with pain areas. Isolated on blue background.A new Biomet hip lawsuit was filed in U.S. District Court for the Northern District of Indiana, South Bend Division, on April 18, 2018.

The plaintiff, Libbie B. filed her Biomet hip lawsuit alleging her M2a Magnum hip prosthesis implanted in her right hip failed and she had to undergo painful revision surgery to remove and replace the unit with a more functional choice.

Libbie was inspired to file her Biomet hip lawsuit after learning that numerous adverse medical event reports had been made to the U.S. Food and Drug Administration (FDA) regarding the M2a Magnum hip prosthetic unit prior to her implantation surgery with the device on April 15, 2004.

On that date, the plaintiff had a total hip arthroscopy (THA) at Medical College of Ohio Hospitals with orthopedic surgeon, Dr. Aki Puryear.

According to the narrative in the Biomet hip lawsuit, the numerous reports are evidence that Biomet was fully aware of the metal-on-metal prosthetic’s tendency to fail prior to selling the unit to the plaintiff.

Libbie claims, through her counsel, that Biomet chose to deliberately and fraudulently conceal the information while continuing to promote the M2a Magnum’s safety in brochures, at one-on-one doctor meetings and at medical conventions.

Libbie claims that if the information had been readily available, she and her doctor may have made a different choice. Instead, in November 2016, she says she had a hip revision surgery after enduring several years of pain with the malfunctioning hip that she believes could have been avoided.

In the Biomet hip lawsuit, study results are listed which indicate that the risk of hip dislocation in revision patients are four times that of recipients of original prosthetics. In addition to the risk of dislocation, a second surgery of this magnitude can open a patient to serious problems such as blood clots, deep joint infections and leg length discrepancies due to bone loss.

The M2a Magnum hip prosthetic unit is a metal-on-metal medical device which allegedly has a manufacturing defect allowing for the shedding of cobalt and chromium particles at the point where the femoral head and acetabular cup intersect and rotate.

The body’s immune system often reacts to these particles and produces pain, inflammation, and pseudo-tumors as a reaction to the foreign metal in the body. Bone and soft tissue death in the area where the excess fluid accumulates in the joint is not uncommon.

Also, the cobalt and chromium particles can lead to excess blood levels of the same elements which have been linked to certain types of cancer and heart disease if left unchecked over time.

Libbie, in her Biomet hip lawsuit, is bringing several causes of action against the defendants: Count 1: Strict Product Liability; Count 2: Negligence; Count 3: Breach of Implied Warranties; Count 4: Breach of Express Warranty; and Count 5: Violation of Consumer Sales Protection Act.

She is asking for compensatory damages that include consideration for pain and suffering, lost wages, medical expenses and all costs of litigation.

The Biomet Hip Lawsuit is Case No. 3:18-cv-00278-RLM-MGG in U.S. District Court for the Northern District of Indiana, South Bend Division.

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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