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13 Sep 2013

Biomet Metal on Metal Hip Lawsuit Will Go To Trial

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Our Biomet hip recall attorneys are reporting on a recent federal court case decision on a Biomet hip lawsuit.  A federal court judge recently denied the motion to dismiss Biomet hip lawsuit that was filed by the medical device company.  The company sought to have the case dismissed on the grounds of federal preemption that limits the right to file these lawsuits.  The judge disagreed with this argument.

The Biomet hip lawsuit was filed by a man who underwent multiple revision surgeries after his hip replacement failed and claimed that he suffered bone and tissue damage. He had been implanted with Biomet ReCap Femoral Resurfacing System, a metal-on-metal hip replacement system that is causing increasing alarm among the medical community due to its high failure rate.

Biomet claimed the federal pre-emption should result in the dismissal of the case because it had FDA approval and had undergone a clinical trial.  The judge determined that this pre-emption did not preclude the suit from going forward and held  “I can’t agree with Biomet’s argument that the law affords different preemption status to individual parts of a total system or, as in this case, coupling one component (the M2a-Magnum PF Cup) of an IDE –approved device (the ReCap System) with other components (the Taperloc femoral stem and the M2a-Magnum Modular Head) to create a different system… converts the second system’s status to IDE status for preemption purposes.”

Therefore, the case will proceed to trial if there is no settlement.  Biomet metal on metal hip defect lawsuits are being vigorously pursued on behalf of patients who have been harmed by these defective medical devices.  Favorable outcomes in these lawsuits will benefit other patients who have been injured and those with the implants who may experience serious problems down in the years to come.

If you or someone that you know has had serious complications from a Biomet hip implant, you should contact our Michigan Hip Recall Lawsuit attorneys immediately at (800) 606-1717 to start your case.  There are strict time deadlines for filing lawsuits so it is important that you contact our office immediately.

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