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Preemption Grounds Denied by Court for Biomet M2a Magnum Lawsuit

September 16, 2013

The court sides with the plaintiff in a recent trial filed due to the failure of the implants on both hips of the patient, news reports say. The Biomet M2a magnum hip replacement was in a special exemption known as the Investigational Device Exemption (IDE) in which claims related to the injury caused by the implant is blocked, according to court reports. The plaintiff, Leslie Casia, had both of his hips replaced by the Biomet M2a magnum but both implants have also failed. The motion to dismiss the case was denied by the MDL court (multidistrict litigation) stating that the manufacturer is only exempted in cases from plaintiffs that participated in the protected clinical trials. Mr. Casia was not one of the participants in the protective study in which the manufacturer is liable of the damages incurred by their product. A Biomet hip lawyer might be able to help plaintiffs in filing their complaints in court.

 


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Biomet Motion to Dismiss M2a Magnum Lawsuit on Preemption Grounds Denied

Biomet Metal on Metal Hip Replacement System Causing Injury to Recipients

July 7, 2013

Over the past 10 years, an increasing number of complaints were reported pertaining to failed hip replacement surgeries due to a defectively designed implant, an online source says. According to a data collated by the United States Food and Drug Administration, there are 16,800 adverse reports that were documented including 14,000 revision cases brought about by metal on metal hip replacement devices from 2000 through 2011, an online article from newson6.com stated.

Metal-on metal hip replacement systems were used to be highly recommended by surgeons and doctors to patients who are having severe hip problems because of its durability factor however most if not all hip implant manufacturers were recalling some of their metal-on-metal products due to increasing reports alleging device being defective.


Biomet is one of the many medical device manufacturers which have contributed a number of new technologies into the orthopedic device industry. To date replacement devices for the hip, knee shoulders and other joints is still the number one contributor to Biomet’s success. Metal on metal designs such as M2a Magnum hip implant products including Stanmore and Exceed ABT devices has been causing problems despite of Biomet’s booming business.


Like any other metal on metal hip replacements, Biomet’s M2a Magnum has been causing conditions such as metallosis to patients. Friction of two metal components from the implant may result to wearing off of metal particles that may flow into the bloodstream causing complications such as metal poisoning leading to a condition called metallosis.

Since the August 2010 recall of DePuy Orthopaedics’ ASR hip resurfacing system and ASR Acebular system, Biomet’s hip replacement devices have been subjected to the growing safety concerns associated with the devices.In fact, a two-day meeting to review the safety of all metal hip implant concerning the potentiality of these devices to expose patients to dangerous levels of metallic debris, was organized by the Food and Drug Administration (FDA) and the Orthopaedic and Rehabilitation devices panel.

To date, there are reported hundreds of lawsuits that were filed against Biomet, alleging that the company has early knowledge of the defects of its design which is a claim very common to all device manufacturers which had a recall of their products for the past five years. It was reported that a medical expert once said that the answer to the problem is not recall but just a temporary obstruction to further damages; thus clinical studies should have been a mandatory requirement that needs to be performed before a device was released and not a solution of a problem that might have been prevented to exist.

Sources:

  • sites.google.com/a/strykerhipreplacementrecall.com/www/2012-biomet-magnum
  • biomet.com/searchResults.cfm?collection=patients&criteria=hip+replacement
  • biomet.com/patients/hip_replacement.cfm