A lawsuit has been filed against Biomet Orthopedics and its related companies by a man who alleges he suffered from complications as a result of having the device implanted.
Plaintiff Charles L. filed this Biomet M2a Magnum hip implant lawsuit in Indiana federal court after he suffered problems from the metal-on-metal hip implant that was surgically placed into his body.
According to the Biomet M2a Magnum hip implant lawsuit, “The Hip System suffers from defects that cause excessive amounts of cobalt-chromium to corrode and where the surfaces of the acetabular cup, the femoral head, and the taper sleeve, which in turn causes the hip implant to fail and the surrounding tissue and bone to die.”
The lawsuit goes on to state, “As a result of these defects, Plaintiff’s Hip System had an unreasonably high risk of failing in his body, causing severe loosening of the device and/or toxic levels of cobalt and chromium, tissue and bone destruction, and the need for Plaintiff to undergo a complicated and risky surgery to remove and replace the defective implant.”
Charles underwent hip replacement surgery for his right hip in December 2004 and had a Biomet M2a Magnum hip implant placed in his body to repair his failing hip.
The Biomet M2a Magnum hip implant lawsuit states that by the time of Charles’ implantation, reports had already been filed regarding the product, saying that it was “subject to failure due to excessive metal-on-metal wear and other factors,” yet the company “refused to disclose that information to Plaintiff, his physicians, or the public.”
“As a result of the defective design, manufacture and composition of the Hip System, and its accompanying warnings and instructions (or lack thereof), Plaintiff’s hip implant caused him severe pain and he was forced to undergo costly and painful revision surgery on October 26, 2016, on the right side…” The Biomet M2a Magnum hip implant lawsuit states.
The lawsuit claims that now that he has undergone a revision surgery, Charles is subject to “much greater risks of future complications” than were present before he underwent revision surgery.
One such complication is the risk of dislocation when compared to the original hip replacement surgery. The lawsuit claims that 14.4% of patients suffer from dislocation following a revision surgery compared to 3.9% of patients who suffer from dislocation after the original replacement surgery.
“As a direct and proximate result of the failure of his defective Hip Systems and Biomet’s wrongful conduct, Plaintiff sustained and continues to suffered economic damages (including lost wages, medical and hospital expenses), severe and possibly permanent injuries, pain, suffering and emotional distress,” the Biomet M2a Magnum hip implant lawsuit states.
Charles has brought forth a number of allegations against the product manufacturer including strict products liability, negligence, breach of implied warranties and breach of express warranty. He is seeking judgment for future and past lost wages, medical, permanency and incidental expenses, past and future general damages, punitive and exemplary damages, pre-judgment and post-judgment interest, costs of suit and any additional relief as deemed just and proper by the Court.
The Biomet M2a Magnum Hip Implant Lawsuit is Case No. 3:17-cv-00507-RLM-MGG, in the 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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