A New York woman who received a Biomet M2a Magnum hip implant in May 2009 has filed a lawsuit alleging that the hip’s design is defective and that her surgeon would not have implanted the device if the defendants had not misrepresented the device as safe and effective.
The lawsuit alleges that the hip system failed, causing the plaintiff severe pain and forcing her to undergo complex, risky revision surgery to replace the implant. Court documents explain that revision surgery is generally more complex than initial implantation because there is less bone left to work with. Revision surgery often has a higher rate of complications.
The Biomet M2a Magnum is a type of metal-on-metal hip implant. This class of hip implant has come under increasing scrutiny because of reports of high failure rates and because metal-on-metal hips release metallic debris into surrounding tissue and the blood. The lawsuit alleges that by the time of the plaintiff’s original surgery, the defendants were aware of more than 100 adverse event reports linked to the device but they failed to disclose this information.
In January, the U.S. Food and Drug Administration (FDA) released new guidelines for patients implanted with all-metal devices. The agency advised physical examinations, diagnostic imaging and metal ion testing in symptomatic patients.
Parker Waichman LLP filed the lawsuit on March 26, 2013 in the U.S. District Court for the Northern District of Indiana, South Bend Division (Case No. 3:13-cv-230). It is one of many cases pending in the multidistrict litigation entitled In re: Biomet M2a Magnum Hip Implants Products Liability Litigation (MDL No. 3:12-md-2391).