A lawsuit filed on behalf of a Tennessee woman alleges that the Biomet 2 Magnum hip implant she received was defective and she needed revision surgery to remove and replace the device.
According to the complaint, the Biomet M2a Magnum system was implanted in the plaintiff’s left hip in April 2009. The lawsuit alleges that by the time of the surgery, the defendants – Biomet, Inc. and Biomet Orthopedics, LLC – were already aware of over 100 adverse event reports linked to the device, yet they failed to disclose this information to the plaintiff. Instead, the suit alleges, the defendants misrepresented the M2a Magnum implant as safe and effective. The surgeon claims he would not have implanted the M2a Magnum had it not been for the defendants’ misrepresentations.
The plaintiff alleges that, as a result of the M2a Magnum’s defective design, the hip failed, causing her severe pain and resulting in elevated metal ion levels in her blood. She underwent complex, risky revision surgery to remove and replace the device. According to the lawsuit, revision surgeries are generally more complex than initial implantation because there is typically less bone left to work with. Revision surgeries usually take longer than the original hip surgery and have a higher rate of complications. The plaintiff is suing for economic damages, including lost wages, medical and hospital expenses; severe and possibly permanent injuries; pain; suffering; and emotional distress.
The Biomet M2a Magnum is a type of metal-on-metal hip implant. The U.S. Food and Drug Administration (FDA) has put this class of medical devices under increased scrutiny following reports of high early failure rates and the release of metallic debris into the bloodstream. In January the agency released new guidelines for patients with all-metal devices, advising regular physical examinations, diagnostic imaging, and metal ion testing for symptomatic patients.
Parker Waichman LLP filed the lawsuit on May 30, 2013 in the U.S. District Court for the Northern District of Indiana, South Bend Division (Case No. 3:13-cv-508). It is one of many cases pending in the multidistrict litigation (MDL) entitled In re: Biomet M2a Magnum Hip Implants Products Liability Litigation (MDL No. 3:12-md-2391).