Biomet hip implant victims got a dose of good news Friday when a federal judge ruled that expert testimony about metallosis and other problems with the defective metal-on-metal devices will be allowed at trial.
The judge’s ruling in U.S. District Court in Northern Indiana means plaintiffs in the litigation will be able to present testimony about the defective nature of the device, which fails in up to 19 percent of patients after ten years. Jones Ward’s legal team represents dozens of Biomet plaintiffs all over the country with lawsuits against the company, some of which have been pending for five years in a consolidated proceeding called MDL 2391 before Judge Robert Miller.
Biomet metal-on-metal hips at the center of this litigation are the M2a Magnum, sold between 2004 and 2012, and the M2a 38 and M2a Taper, sold since 2003. The devices have a failure rate that is considered to be unreasonably high. Jones Ward has been at the forefront of litigation with Biomet since 2013, and is the only law firm in the nation with a position on the Plaintiff’s Steering Committee since the inception of MDL 2391. For more details about the MDL, continue reading.
EXPERT TESTIMONY ON BIOMET’S FAILED DESIGN
Miller’s order, issued Friday, Dec. 22, 2017, allows testimony to go forward from Mari Truman, a biomedical engineer with a B.S.E. in biomedical engineering and a master’s degree in mechanical engineering. Truman holds nine patents for orthopedic devices; has experience designing devices and directing, analyzing, and performing testing of devices, including as manager of hip and knee implant technology and senior product development engineer. Biomet sought to exclude Truman opinion’s that all metal-on-metal devices, including those made by Biomet, are defectively designed. Miller’s order, known as a Daubert ruling, denied Biomet’s motion.
BIOMET INJURY DAMAGES
Here are some of the typical medical bills for a patient with a defective Biomet hip.
- Medical monitoring, blood tests and MRIs: $2,800 a year
- Revision surgery: $50,000 to $78,000
- Physical therapy after revision: $7,500
- Long-term follow up care: $1,200 a year
HOW DO I PRESERVE MY RIGHTS?
If you do not file a lawsuit within a certain amount of time, you may lose your right to compensation due to the Statute of Limitation. This deadline is different in each state. For a free evaluation of your potential Biomet hip implant claim, contact Attorneys Jasper D. Ward IV or Alex C. Davis.