By Amanda Antell  |  October 28, 2015

Category: Legal News

hip-implant-painA hip implant lawsuit has been filed by an Oklahoma resident over allegations that Biomet Inc. designed a defective product that caused unexpected implant complications.

Plaintiff Susan A. alleges that as a direct result of using the metal hip implant she has suffered severe injuries including: Debilitating pain, discomfort, soreness, dysfunction and limited range of motion.

Like millions of Americans, Susan had been suffering from joint pain and possible arthritis, which led to her physician to suggest the M2a-Magnum Hip Replacement System, a popular metal-on-metal hip implant.

According to the hip lawsuit, Susan’s physician recommended the device after examining her symptoms by reiterating the marketing claims of the device’s features, including customization and device longevity. However, these features are commonly seen in other metal-on-metal hip implants, as they can be fit to the individual patients and are advertised to be longer-lasting and more durable than ceramic or plastic models.

After taking all of this into account, Susan agreed to have the device implanted and had underwent total right hip replacement surgery on July 24, 2009. The device reportedly worked well as Susan decided to undergo a total left hip replacement surgery on June 03, 2011, having the same device implanted.

At some point afterward, Susan began experiencing severe pain and complications and later had to be examined by her physician. The metal-on-metal hip implant lawsuit claims that Susan was diagnosed with device failure and her physician concluded that the left hip implant needed to be removed.

On Feb. 04, 2015 the left metal hip implant was removed, with the plaintiff’s right hip implant later needing revision surgery sometime in the future as her physician concluded that the right metal hip implant also failed. The hip implant lawsuit noted that revision surgery is much riskier than the initial procedure.

According to plaintiff Susan, she is still suffering the consequences of the defective design of the metal-on-metal hip implants. This has led to Susan filing legal action against Biomet for failing to protect her against the adverse effects of their product. Susan claims that at no point in time did the defendant warn her or the physicians of the possible complications associated with their metal-on-metal hip implant models.

Metal Hip Implant Complications

For the past several years, major concern has been surrounding metal-on-metal hip implants due to the number of complaints associated with the products. Plaintiffs filing hip lawsuits state that the ball-and-socket joints of the devices are both made of metal which causes metal ions to shed directly into the bloodstream, causing a variety of problems.

Hip implant side effects include blood-metal poisoning, or metallosis, severe pain, infection, device failure, and limited mobility. Despite the severity of these complications, a number of metal hip implant manufacturers allegedly chose to omit this information from the products’ labels.

It was not until recently that the FDA called out the safety issues of these devices, forcing a number of companies to recall their metal hip implants. Susan was among the many patients who were surprised to learn that their metal hip implants could potentially cause permanent mobility problems.

Plaintiff Susan states that she never would have chosen to use the metal hip implant had she known about the possible injuries she could have incurred.

She is suing Biomet for manufacturing, selling, distributing, and marketing a dangerous product. The alleged charges include: Negligence, false advertising, concealing information, and misrepresenting a product.

The Metal Hip Implant Lawsuit is Susan A. v. Biomet Inc., Case No. 3:15-cv-00359-RLM-CAN, in the U.S. District Court of Western Oklahoma.

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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