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. Both devices have a failure rate that is considered to be unreasonably high by some experts. 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.
Metal-on-metal hips made by Biomet typically consist of a stem, an acetabular shell and a cup. The pieces are made of cobalt and chromium. When the pieces rub against each other, tiny particles of metal are shed into the patient’s bloodstream. This process can lead to a dangerous condition called metallosis. Symptoms of metallosis may include tissue and bone damage, kidney and liver trouble, loosening of the device, neurological and cognitive defects, and painful clicking and popping sensations. Eventually, this condition forces many patients to have a costly and painful procedure called revision surgery to have the device removed. 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
Will Biomet be held accountable?
More than 3,000 people with metal-on-metal Biomet hips filed lawsuits against the company starting in 2011. The company, based in Warsaw, Indiana, also makes dental implants and knee devices. Biomet merged with competitor Zimmer in 2015 in a deal worth $14 billion. The merged company employs more than 17,000 people around the world. Plaintiffs in our defective hip implant lawsuits claim that Biomet knew about the defects in its metal hips and could have designed them more safely. It also failed to warn consumers about the problems, and fraudulently misrepresented them as being safe even after dozens of complaints lodged with the U.S. Food and Drug Administration as far back as 2006 and 2007. A settlement program between Biomet and lawyers representing some of the plaintiffs was announced in early 2014. Certain qualifying plaintiffs were eligible to receive up to $200,000 as part of the settlement program. Some plaintiffs agreed to participate in the program, but many others felt it wasn’t right for them. As of early 2017 more than 500 people with Biomet hip implants still had claims pending against the company. The lawyers at Jones Ward represent one of the largest groups of clients remaining in the litigation. We have traveled all over the country taking depositions of orthopedic surgeons to prove our clients’ claims, and we are playing a leading role in the effort to hire and evaluate experts to testify on our clients’ behalf, including biomechanical engineers, orthopedic surgeons, and others.
The attorneys at Jones Ward PLC represent injured Biomet hip patients all over the country. Many of those cases are part of a consolidated legal proceeding called Multi-District Litigation, or MDL for short. An MDL is not a class action lawsuit. The cases are consolidated only for pre-trial purposes. Jones Ward PLC Partner Jasper D. Ward IV serves as a member of the Plaintiffs’ Steering Committee, helping to lead the litigation and managing key pieces of the legal briefing and research efforts. Mr. Ward, working with Attorney Alex C. Davis and other attorneys at Jones Ward PLC, are actively involved in analyzing millions of pages of company documents in this litigation on behalf of injured Biomet hip patients.
Many of the federal court cases are in South Bend, Indiana, before Judge Robert L. Miller, Jr., as part of MDL 2391. Depositions of plaintiffs, surgeons, Biomet sales representatives and dozens of other key players are ongoing. The admissibility of expert testimony and reports will be litigated through August 2017, and some of the first trials may take place in late 2017 or early 2018. The attorneys at Jones Ward PLC are working hard to hold Biomet accountable for the premature failure of its metal hip implants. The attorneys at Jones Ward routinely travel all over the country litigating Biomet hip cases, from Dallas and Baltimore to New Orleans, Seattle, San Francisco, Cincinnati and elsewhere.
What kind of damages are available in a Biomet hip case?
Each case is different. At Jones Ward PLC, your case will receive the individual attention that it deserves. Our attorneys will visit you at home, or in another comfortable location where you can share details about your Biomet hip injuries. Some of these details may include:
Lost wages from your job due to surgery and related recovery.
Pain and suffering from not being able to sleep well, difficulty walking or driving a car, grinding and popping sensations in your hip, and surgical recovery.
Medical bills that may surpass $100,000 per person.
Future pain and suffering and lost wages until you reach the age of retirement
Loss of consortium for your spouse due to strain on your marriage, loss of intimacy, inability to do household chores and participating in daily activities.
Punitive damages for Biomet’s failure to share information about the dangers of the Magnum hip device, even after it knew about safety problems.
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, give us a call. Call us toll free today at 888-595-2922 or contact us here. Biomet M2A Magnum and M2a 38 hip implant defects