On November 20, 2020, an Iowa federal jury awarded $3.5 million ($1.05 million in compensatory damages and $2.5 million in punitive damages) to a woman who claimed that her Biomet M2a Magnum metal hip implant caused microscopic particles to shed from the implant requiring that she have revision surgery.
The plaintiff received the Biomet M2a Magnum metal-on-metal hip in July 2007. Over time, the hip implant loosened, causing substantially increased levels of chromium in her body and pain, requiring the revision surgery that took place in June 2012.
The Iowa federal jury determined that the woman should receive $500,000 for her past physical and mental pain and suffering, $250,000 for her future pain and suffering, $100,000 for her past loss of function of body and mind, and $200,000 for her future loss of function.
On October 22, 2020, a Missouri federal jury awarded a woman $20 million ($1 million was also awarded to her husband) for her allegedly defective Biomet M2a Magnum artificial hips that were implanted in early 2008. The woman alleged in her defective hip implant lawsuit that Biomet should have known that the M2a Magnum artificial hip implants had defects because an earlier design implant, the M2a Taper, was already known to cause problems in patients who had received the earlier design implant.
The plaintiff in the Missouri federal case began suffering issues with pain caused by the implants in 2010, requiring her first revision surgery for her left implant in March 2011.
The punitive damages phase of the Missouri federal case concluded on November 18, 2020. The trial was complicated by COVID-19-related issues: one of the jurors who participated in the compensatory damages phase of the trial tested positive for COVID-19 and was excused from the punitive damages phase. Biomet sought a mistrial, arguing a Seventh Amendment violation because two different juries considered the compensatory damages and the punitive damages claims, which was denied by the trial judge.
The case is captioned Bayes v. Biomet, Case No. 4:13-cv-00800, U.S. District Court for the Eastern District of Missouri.
Zimmer Biomet stated in its “Design Rationale” for the M2a-Magnum™ Large Metal Articulation: “Despite the positive clinical history of the M2a-Magnum™ articulation, there have been concerns regarding the long-term biological consequences of metal-on-metal wear debris, particularly the release of cobalt chromium ions into the body. Ion release is not limited to metal-on-metal hips. Metal ions are a natural by-product of virtually every metallic implant and may lead to higher than normal levels of cobalt and chromium in the bloodstream. Nails, plates, screws and even total knees will release ions of their respective metals. Many studies conducted over the last several decades have shown no definitive correlation of negative health issues to ion levels exhibited from metal-on-metal implants.”
If you or a family member may have a defective hip implant claim, you should promptly consult with a local medical malpractice attorney in your state who may advise you or your family member with regard to your defective hip implant claim.
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