By Heba Elsherif  |  March 19, 2018

Category: Legal News

DePuy hip implant hip replacement patient nurseBiomet Inc. faces a woman’s Zimmer Biomet total hip replacement lawsuit filed in Indiana federal court. That lawsuit joins the growing multidistrict litigation (MDL) against the company.

Plaintiff Barbara N. joined the MDL filing her claim on Feb. 23, 2018.

According to the Zimmer Biomet total hip replacement lawsuit, Barbara, a resident of the state of New York, says that she was injured due to the “defective medical prosthesis manufactured” by Biomet.

She says that she was implanted with the defendant’s metal-on-metal hip implant and underwent a right hip total arthroplasty on Feb. 23, 2010. During the procedure, she was implanted with Biomet’s hip implant.

However, according to the Zimmer Biomet total hip replacement lawsuit, soon after the surgical procedure and implantation, Barbara “suffered symptoms including but not limited to increasingly debilitating pain, discomfort, elevated cobalt and chromium levels, and soreness,” the lawsuit states.

Allegedly, she was required to undergo an additional surgical procedure, suffered severe metal poisoning and metallosis, and suffered from lost wages and future loss of earning capacity, as stated in the lawsuit. Other damages allegedly endured include incurred medical expenses and harm associated with second hip replacement procedures.

The Zimmer Biomet total hip replacement lawsuit was filed on multiple counts including strict liability for design defect, inadequate warning, manufacturing defect, breach of express warranty, negligence, negligent misrepresentation.

Barbara demands a trial by jury.

Overview: Zimmer Biomet Total Hip Replacement

The metal-on-metal hip replacement system manufactured by Biomet is the M2A-Magnum Hip system implanted in patients throughout the United States. According to the lawsuits, associated device failure and adverse effects linked to the system were known by the manufacturer. Yet patients allege that the manufacturer continued to market the device’s safety and effectiveness.

Plaintiffs further assert that rather than the manufacturers recall the device, the hip system was increasingly marketed and represented as having superior advantages over alternative hip device systems. Patients, however, have reported side effects with the device including dislocation, loosening, and implant failure due to the device’s design. Many patients have also been required to undergo revision surgery to replace the device within a few years post-surgery when they were told that the device was expected to last more than 15 years.

Adverse side effects associated with the Biomet Magnum hip system include:
• Unexplained Tumors
• Additional Hip Revision Surgery
• Difficulty Standing or Walking
• Swelling and Soft Tissue Damage
• Unexplained Hip Pain
• Loosening of the Hip Implant

Plaintiffs allege that the company may have placed their desire for revenue ahead of consumer safety. They cite studies showing Biomet’s metal-on-metal hip replacement device is no more effective than other systems. Many risks are associated with the device, including the risk for undergoing revision surgery due to the amounts of metal ions generated by the device and other adverse effects as well.

The Zimmer Biomet Total Hip Replacement Lawsuit is Case No. 3:18-cv-00137-RLM-MGG, in the U.S. District Court for the Northern District of Indiana, South Bend Division. The Biomet MDL is In re: Biomet M2a Magnum Hip Implant Products Liability, MDL No. 3:12-md-23941, 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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