A South Carolina woman filed suit in October of 2013 alleging that her Biomet M2A Magnum hip replacement system is defective, resulting in serious pain, and further that she is in need of revision surgery.  The suit was filed in U.S. District Court for the Northern District of Indiana.  This suit is one of many complaints filed as part of multidistrict litigation against Biomet, Inc. and Biomet Orthopedics, LLC. (MDL No. 3:12-md-2391). 

The Plaintiff alleges in the complaint that Biomet misrepresented the all-metal hip system as efficacious and safe, and that the Plaintiff relied on their statements in making her decision to have two (left and right) artificial hip replacement procedures.  The complaint goes on to allege that after receiving both implants that the Plaintiff discovered over 100 complaints filed with the U.S. Food and Drug Administration (FDA), and that Biomet failed to disclose this information prior to the surgery.

In addition, the Plaintiff alleges that a defective design caused the Plaintiff’s right hip to fail shortly following surgery, and further that this failure required corrective removal and replacement surgery.  Generally corrective surgery carries greater risk for the patient insofar as there is less bone to work with in this hip. 

The particular hip replacement system used by Biomet is a metal-on-metal hip replacement system.  According to the FDA, the metal-on-metal system is subject to recalls worldwide.  In a January 17, 2013 announcement the FDA stated that this particular class of all-metal device is under increased scrutiny following reports of high failure rates and the release of elevated concentrations of metallic debris in the bloodstream.  

What to take away from this article?  It may be wise to get a secondary opinion and even the FDA prior to undergoing any replacement surgery.  Please contact us if you have undergone hip replacement surgery, and believe the device may be defective. 


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