By Melissa LaFreniere  |  September 21, 2015

Category: Legal News

Hip prosthesis isolated on a white backgroundAn Alabama couple has filed a metal-on-metal hip implant lawsuit against Biomet Inc., alleging the product released “astronomically” high levels of cobalt and chromium into the bloodstream, forcing the patient to undergo a second surgery to remove the faulty M2a Magnum Hip System. 

Plaintiffs Pamela and Tim S. claim that Biomet continued to market and sell their faulty hip implant even though they were fully aware that the Magnum Hip System was defective. The couple alleges the defendant hid the risks in order to maximum sales and profits “at the expense of the public health and safety.”

According to the hip implant lawsuit, Pamela underwent a hip replacement surgery in 2010; during this surgery, a Biomet metal-on-metal device was implanted. The plaintiff claims that by Dec. 2014, a routine checkup showed that the acetabular cup had shifted, and blood tests were ordered to see if cobalt and chromium had leaked into Pamela’s bloodstream.

The hip replacement lawsuit alleges that Pamela was then told she had toxic levels of both metals in her system and that they would need to remove the defective M2a Magnum Hip System implant.

The plaintiffs are suing Biomet for neglecting to fully warn the physicians or patients of the high risks of hip replacement complications associated with the metal-on-metal hip implant. According to the hip lawsuit, “Biomet sold the M2a Magnum Hip System to (the plaintiff) after the company knew it was defective, that it had injured others, and that it would injure her.”

Pamela and her husband Tim are seeking $75,000 in damages due to the injuries she has sustained. Tim is also suing for loss of consortium, alleging that the couple continues to suffer from the loss of each other’s companionship, which has caused great mental anguish.

Hip Implant Complications

A total hip replacement means that a patient’s natural joint is replaced with an artificial one typically made out of metal and plastic. However, the Biomet’s M2a Magnum Hip System uses a monoblock system with no liner instead of a polyethylene plastic acetabular liner. The plaintiff claims that this type of hip implant “forces metal to rub against metal with the full weight and pressure of the human body.”

The Biomet hip system was not approved by the U.S. Food and Drug Administration as a safe and effective product, as the device was “grandfathered” into the market by obtaining FDA approval under section 510(k). According to the Biomet lawsuit, the hip implant was not sufficiently tested before it started being sold to patients.

More than 500,000 U.S. patients have had hip replacement surgery hoping for an improved lifestyle. Some of the reported hip implant side effects include:

  • Metal poisoning
  • Tissue death
  • Cobalt poisoning
  • Cancer
  • Heart disease
  • Chromium or cobalt leaking into bloodstream
  • Loss of bone strength
  • Non-cancerous tumors around implant

Thousands of hip replacement lawsuits have been filed by patients who hoped for an improved lifestyle and ended up having to undergo revision surgery due to the defective metal-on-metal hip implant. If you experienced painful side effects after undergoing hip replacement surgery, contact an attorney to find out if you have legal claim.

The Hip Implant Lawsuit is Case No. 2:15-cv-01180-RDP, in the U.S. District Court for the Northern District of Alabama.

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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If you or a loved one had a metal-on-metal hip implant that failed or caused serious complications, you may be entitled to compensation. Hip replacement lawsuits are being filed now against multiple companies, including Stryker, Biomet, DePuy, Zimmer, and Wright. See if you qualify to take legal action by filling out the form below.

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