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Biomet Class Action Lawsuit

Biomet Class Action Lawsuit

Biomet Class Action Lawsuit

08/07/2012 Biomet Class Action Lawsuit: If you believe you have been injured because of a Biomet Hip Replacement, please contact Best Legal Source to be connected with a Biomet Lawyer to determine if you may be included in a possible Biomet Class Action Lawsuit. Problems involving the Biomet hip replacement often involves dislocation, loosening, or failure of the implant due to design of the device. When you call our helpline or complete the free evaluation form on this page, you will be put in touch with Biomet Lawyer team who are experienced in this type of Biomet Lawsuit litigation.

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What is a Biomet Class Action Lawsuit?

A Biomet Class Action Lawsuit would bring together a large group of individuals that may have been injured by a Biomet hip replacement. It gives them a combined voice in the courtroom against larger and more powerful companies. A Biomet Class Action Lawsuit may increase the chance of a larger recovery and court costs are also reduced passing on savings to the clients. If a Biomet Class Action Lawsuit has not yet been filed, a Biomet Lawyer will discuss other options available to you.

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Why would an individual be interested in filing a Biomet Lawsuit

A Biomet Lawyer is currently pursuing hip replacement cases associated with metal-on-metal systems. The metal parts can rub against each other causing metal fragments to be released into the hip joint. Symptoms of hip replacement failure could include: swelling and tissue damage, severe hip pain, loosening of implant, difficulty standing or walking and ultimately a hip revision surgery. Individuals throughout the United States are investigating filing a Biomet Lawsuit because of suffering complications after hip replacement surgery.

Why should you contact Best Legal Source to begin the Biomet Lawsuit process?

The mission of Best Legal Source is to ensure your Biomet Lawyer is highly qualified in this type of litigation. We have many years of experience helping individuals injured by medical devices. All claims are reviewed by Biomet Lawsuit firms working under a contingency fee agreement. This means there are no Biomet Lawyer fees unless a recovery is obtained.

If you or a family member has experienced Biomet hip replacement complications following surgery, request a free consultation with a Biomet Class Action Lawsuit attorney to determine if they are able to assist you with a Biomet Lawsuit. Certain deadlines place a limit on the amount of time you have to purse a Biomet Lawsuit claim. These are known as the Statute of Limitations and vary from state to state. You have options when it comes to locating the right Biomet Lawyer. Please call one of our representatives today and be connected with a skilled Biomet Class Action Lawsuit attorney. Protect your rights! Call our helpline at (800) 611-7080 or complete contact form today.

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Biomet Lawsuit record follows for review

A Biomet Lawyer has filed the following Biomet Lawsuit involving a defective metal-on-metal hip implant system. The remaining excerpt is from an actual Biomet Lawsuit filed in the United States District Court, N.D. California. Our content consists of headers and comments contained by the Biomet Lawsuit below. The ideas are not written by an attorney and therefore should not be taken as legal advice.

The plaintiff’s Biomet Lawsuit begins below

United States District Court, N.D. California.

Emilia MARCHESE, Plaintiffs,

v.

BIOMET ORTHOPEDICS, LLC, Biomet, Inc., and Biomet, LLC, and Does 1 through 10 inclusive, Defendants.

No. 3:12CV03739.

July 12, 2012.

Jury Trial Demanded

Complaint for: (1) Strict Product Liability, (2) Negligence, (3) Breach of Implied Warranties, (4) Breach of Express Warranty

Plaintiff EMILIA MARCHESE (“Plaintiff”), alleges on information and belief against BIOMET ORTHOPEDICS, LLC, BIOMET, INC., and BIOMET, LLC, and DOES 1 through 10 inclusive, (“Defendants”), the following:

INTRODUCTION

This is a product liability case involving a defective hip implant system. Plaintiff EMILIA MARCHESE had a Biomet M2a Magnum Metal-on-Metal Hip System (“M2a Magnum Hip System”) implanted in her left hip. The M2a Magnum Hip System suffers from defects that cause excessive amounts of cobalt and chromium to corrode and wear from the surfaces of the Acetabular cup, the femoral head, and the taper sleeve, which in turn causes the hip implant to fail and the surrounding tissue and bone to die. As a result of these defects, Ms. Marchese’s M2a Magnum Hip System failed in her body, causing toxic levels of cobalt and chromium, tissue and bone destruction, and the need for Ms. Marchese to undergo a complicated and risky surgery to remove and replace the defective implant.

Biomet Orthopedics, LLC, Biomet, Inc., and Biomet LLC are collectively referred to herein as “Biomet.”

The background of this Biomet Lawsuit includes the following facts

This Biomet Lawsuit case states the Biomet hip implant system suffers from a design or manufacturing defect. Biomet Lawyer groups make the observation that most hip implants use an Acetabular liner. The Biomet hip system uses metal-on-metal causing the hip implants to fail resulting in revision surgeries which is the basis of the plaintiff’s Biomet Lawsuit.

The Statement of Facts in the Biomet Lawsuit is applicable to the remaining content

FACTUAL BACKGROUND

The M2a Magnum Hip System Is Defective And Was Not Adequately Tested

The hip joint is where the femur connects to the pelvis. The joint is made up of the femoral head (a ball-like structure at the very top of the femur) rotating within the acetabulum (a cup-like structure at the bottom of the pelvis.) In a healthy hip, both the femur and the acetabulum are strong and the rotation of the bones against each other is cushioned and lubricated by cartilage and fluids.

A total hip replacement replaces the body’s natural joint with an artificial one, usually made out of metal and plastic. A typical total hip replacement system consists of four separate components: (1) a femoral stem (labeled as “hip implant” in the diagram to the left), (2) a femoral head, (3) a plastic (polyethylene) liner, and (4) an acetabular shell. After the surgeon hollows out a patient’s femur bone, the femoral stem is implanted. The femoral head is a metal ball that is fixed on top of the femoral stem. The femoral head forms the hip joint when it is placed inside the polyethylene liner and acetabular shell.

While most hip replacements use a polyethylene plastic acetabular liner, Biomet’s M2a Magnum Hip System has a critical difference: it is a monoblock system which does not have an acetabular liner. Instead, the M2a Magnum Hip System forces metal to rub against metal with the full weight and pressure of the human body. Because of Biomet’s defective design for the M2a Magnum Hip System, hundreds of patients-including Ms. Marchese–have been forced to undergo surgeries to replace the failed hip implants.

The design of the M2a Magnum Hip System was not sufficiently tested by Biomet, and it was never approved by the FDA as being safe or effective for the products’ intended purpose.

Despite its knowledge that the M2a Magnum Hip System was defective, Biomet also made several false representations about specific design elements of the M2a Magnum Hip System that they claimed made it superior to other more safe hip implants on the market. For example, Biomet said:

• “The M2a-MagnumTM Large Metal Articulation System offers optimal joint mechanic restoration and ultra low-wear rates in vivo.”

• 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.”

The Biomet Lawyer raises the issue of risks involving these metal-on-metal devices

The FDA continues to gather and review all available information about the metal-on-metal hip systems such as those found in this Biomet Lawsuit. Biomet Lawyer groups contend that the FDA has concerns that some tiny metal particles may wear off of the device and enter into the space around the implant.

This Biomet Lawsuit continues with the plaintiff’s revision surgery

On May 25, 2010, Ms. Marchese underwent a complex, risky, and painful surgery (known as a “revision surgery”) to remove the failed M2a Magnum Hip System from her body. Revision surgeries are generally more complex than the original hip replacement surgery, often because there is a reduced amount of bone in which to place the new hip implants. Revision surgeries also usually take longer than the original hip replacement surgery and the revision surgery has a higher rate of complications.

As a direct and proximate result of the failure of her defective M2a Magnum Hip System and Biomet’s wrongful conduct, Ms. Marchese sustained and continues to suffer economic damages (including lost wages, medical and hospital expenses), severe and possibly permanent injuries, pain, suffering and emotional distress. As a result, Ms. Marchese has sustained and will continue to sustain damages in an amount to be proven at trial, but which will far exceed $75,000 jurisdictional minimum of this court.

FIRST CAUSE OF ACTION

(Strict Product Liability)

Against All Biomet

Plaintiff incorporates all of the preceding paragraphs of this Complaint as if fully set forth here and further alleges as follows:

Biomet designed, manufactured, promoted, distributed, marketed, and sold the M2a Magnum Hip System.

At all times material hereto, the M2a Magnum Hip System that was designed, manufactured, promoted, distributed, marketed, and sold by Biomet was in a defective and unreasonably dangerous condition at the time it was placed in the stream of commerce. Such condition included, but is not limited to, one or more of the following particulars:

When placed in the stream of commerce, the M2a Magnum Hip System contained unreasonably dangerous design defects and was not reasonably safe for the intended use, subjecting Ms. Marchese and others to risks, including the risk that the acetabular component would not properly grow into the bone, causing the hip system to prematurely fail and requiring a complex, risky, and painful surgery to remove and replace the defective product;

Biomet knew or should have known of the dangers associated with the use of the M2a Magnum Hip System, as well as the defective nature of the M2a Magnum Hip System. Despite this knowledge, Biomet continued to manufacture, sell, distribute, promote and supply the M2a Magnum Hip System so as to maximize sales and profits at the expense of the public health and safety. Biomet’s conduct was done in conscious disregard of the foreseeable harm caused by the M2a Magnum Hip System and in conscious disregard for the rights and safety of consumers such as Ms. Marchese.

As a direct and proximate result of the failure of the defective M2a Magnum Hip System, Plaintiff suffered the injuries and damages as described herein.

This portion of the Biomet Lawsuit deals with the manufacturer’s negligence

Did Biomet place their desire for profits ahead of the safety of the general public? As a result, injury Biomet Lawsuit claims are being reviewed by Biomet Class Action Lawsuit attorneys on behalf of their clients suffering from the side effects of the Biomet Hip Implant. The Biomet Lawyer discusses negligence listed under Cause of Action.

Second Cause of Action as written by the California Biomet Lawyer

SECOND CAUSE OF ACTION

(Negligence)

Against All Biomet

Plaintiff incorporates all of the preceding paragraphs of this Complaint as if fully set forth here and further alleges as follows:

At all times herein mentioned Biomet had a duty to exercise reasonable care in the design, manufacture, testing, inspection, labeling, promotion, marketing, and sale of the M2a Magnum Hip System to ensure that it would be safely used in a manner and for a purpose for which it was made.

Biomet, maliciously, recklessly and/or negligently made misrepresentations about the safety and effectiveness of the M2a Magnum Hip System to Plaintiff and her orthopedic surgeon. In reliance on these misrepresentations, Plaintiff’s orthopedic surgeon decided to use the M2a Magnum Hip Implant in Plaintiffs surgery. If it was not for the misrepresentations by Biomet, Plaintiffs orthopedic surgeon would not have used the M2a Magnum Hip System in Plaintiffs surgery.

As a result of Biomet’s wrongful conduct, Plaintiff suffered injuries and damages as alleged herein.

THIRD CAUSE OF ACTION

(Breach of Implied Warranties)

Plaintiff incorporates all of the preceding paragraphs of this Complaint as if fully set forth here and further alleges as follows:

Prior to the time that the M2a Magnum Hip System was used by Ms. MARCHESE, Biomet impliedly warranted to Ms. Marchese and her physicians that the M2a Magnum Hip System was of merchantable quality and safe and fit for the use for which it was intended.

Ms. Marchese and her physician were and are unskilled in the research, design and manufacture of the M2a Magnum Hip System, and they reasonably relied entirely on the skill, judgment and implied warranty of Biomet in using the M2a Magnum Hip System.

The M2a Magnum Hip System was neither safe for its intended use nor of merchantable quality, as warranted by Biomet, in that it had dangerous propensities when put to its intended use and would cause severe injuries to the user.

As a result of the aforementioned breach of implied warranties by Biomet, Plaintiff suffered injuries and damages as alleged herein.

The Biomet Lawsuit complaint alleges Biomet warranted the implant’s safety

These allegations raised by the Biomet Lawyer in this Biomet Lawsuit infer the problems associated with the Biomet Hip Implants were known to the device manufacturer. However, the Biomet Lawyer states they continued to vigorously market the hip replacement as safe and effective.

We are approaching the end of the Biomet Lawsuit

FOURTH CAUSE OF ACTION

(Breach of Express Warranty)

Plaintiff incorporates all of the preceding paragraphs of this Complaint as if fully set forth here and further alleges as follows:

At all times herein mentioned, Biomet expressly warranted to Ms. Marchese and Ms. Marchese’s physicians, by and through statements made by Biomet or their authorized agents I or sales representatives, orally and in publications, package inserts and other written materials intended for physicians, medical patients and the general public, that the aforementioned M2a Magnum Hip System was safe, effective, fit and proper for its intended use.

PRAYER FOR RELIEF

THEREFORE, Plaintiff demands judgment for the following:

1. Past and future lost wages, medical and incidental expenses, according to proof;

2. Past and future general damages, according to proof;

3. Punitive and exemplary damages in an amount to be determined at trial;

4. Prejudgment and post judgment interest;

5. Costs to bring this action; and

6. Such other and further relief as the court may deem just and proper.

DEMAND FOR TRIAL BY JURY

DATED: July 12, 2012

End of Biomet Lawsuit Excerpt

Call Best Legal Source to connect with a Biomet Class Action Lawsuit attorney

Biomet Lawsuit research has suggested that metal-on-metal hip replacements are no more effective than the traditional hip implants. Financial compensation may be available through a Biomet Lawsuit. Since time may determine the viability of your Biomet Lawsuit, it is advisable to speak with a Biomet Lawyer as soon as possible. Take your first step and contact our helpline (800) 611-7080 today.

Biomet Class Action Lawsuit Resource page

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