(Bergen County, New Jersey – August 28, 2018) Attorneys file a string of lawsuits against Zimmer Biomet over a one-week period in New Jersey. Maglio Christopher & Toale, P.A. represents four patients who suffered traumatic injuries from defective Biomet Magnum metal on metal hip replacements.
All four patients experienced nearly identical reactions from their Biomet Magnum metal on metal hip implants. The hips released toxic heavy metals, poisoning each patient. The toxic heavy metals destroyed the tissue and muscles around each patient’s hip joints, then ate away at their bones. All 4 patients went through a traumatic second surgery to finally remove the Magnum hips and reclaim their health. Unfortunately, they’re not alone.
“Zimmer Biomet turned tens of thousands of Americans into medical guinea pigs. They convinced surgeons to use the Magnum implants, even though the devices were never tested for safety,” says lead attorney Altom Maglio. “To this day, Zimmer Biomet says there’s nothing wrong with these hip replacements even though the company pulled them off the market after a worldwide backlash.”
Magnum Hips NEVER Recalled in the United States Despite Mounting Worldwide Evidence
The four lawsuits allege that Zimmer Biomet NEVER recalled the Magnum hip in the United States despite knowing about serious problems in other countries. Also, Zimmer Biomet NEVER alerted U.S. patients or their orthopedic surgeons about the problems, hazard alerts, and recalls experienced overseas.
The lawsuits say that in 2010 a research hospital in the Netherlands warned Biomet that almost 1/3 of their patients had severe reactions to the Magnum hip, like pseudotumors. Zimmer Biomet did nothing with this information to warn U.S. patients.
The complaints also allege that in 2013 a University hospital in Finland warned Biomet that over 1/2 of their hip implant patients experienced adverse reactions to metal debris (ARMD) from the hips. Soon after, the hospital published research discouraging the use of Biomet Magnum hips entirely. Again, Zimmer Biomet did nothing to warn U.S. patients.
In 2015 the Australian government recalled the Biomet Magnum hips and issued a national “Hazard Alert” because of excessively high revision rates. Shockingly, Biomet did nothing to warn U.S. patients.
Finally, in 2016 Biomet issued a “Field Safety Corrective Action” – this time throughout the United Kingdom and Europe — because of high revision rates with their metal on metal implants. Biomet once again did NOTHING to warn U.S. patients.
How Maglio Christopher & Toale, P.A. is Litigating Biomet M2a Hip Cases
Maglio Christopher & Toale, P.A. is leading the U.S. litigation against Zimmer Biomet in state courts with clients across the United States. The cases recently filed in New Jersey are Rodger vs. Biomet, Inc., case number BER-L-006132-18; Sudnik vs. Biomet, Inc., case number BER-L-006116-18; Morton vs. Biomet, Inc., case number BER-L-006167-18; and Guignard vs. Biomet. Inc., case number BER-L-006186-18.
About Maglio Christopher & Toale, P.A.
Maglio Christopher & Toale, P.A. is a national medical product liability law firm with offices in Seattle, WA, Washington, DC, and Sarasota, FL. Maglio Christopher & Toale, P.A. filed the first metal on metal (MoM) hip replacement lawsuit in the United States in 2008 and has been continuously litigating metal on metal hip replacement cases ever since. The Firm is representing patients across the United States who have suffered the effects of heavy metal poisoning from Biomet M2a-38 and M2a-Magnum hip replacements.
Altom Maglio, Managing Partner, Maglio Christopher & Toale, P.A.
The highly experienced team of attorneys at Maglio Christopher & Toale, P.A. have represented clients against multi-national corporations, against the Secretary of the Department of Health & Human Services, and in state and federal courts across the country during courtroom trials, hearings, depositions, mediations, and settlement negotiations. Contact us at 888.952.5242 or at www.mctlaw.com
Zimmer have caused pain and suffering to people and it will be ongoing for years and years
Now they say it’s not there fault even though they had a recall
John C Crosier
I too was a recipient of Biomet’s M2A Magnum Matal on Metal Hip in 2009. Two months into my recovery to get back to normal health, I started having all kinds of problems. A well established Orthopaedic Surgeon Group in Louisville, KY. that I trusted with my condition, sold me on the Biomet hip. I was told that I would not ever have to have a revision surgery, that would be most likely within 10 to 15 years down the road with the current normal hip implant. With my surgeon’s recommendations, I elected to go with the Biomet Magnum 2A Metal on Metal Total Hip Replacement.
After years of terrible pain, sleepless nights, numerous test, blood work, body scans, MRI’s and X-rays, according to my surgeon, he couldn’ detect any problems. I even brought a number of articles and alerts from FDA that a found on-line, since he ever would admit to any notices or problems that he was aware of from the manufacturer. My surgeon told me on my next visit that he called Biomet direct and confirmed there were NO PROBLEMS with that particular hip!
Prior to being made aware of all the problems with Biomet and the Metal on Metal Hip that I found out on my own, unfortunately had to have my left hip replaced as well in 2012. The same surgeon preformed this hip replacement as well, but with one major change. He said that since I was having problems with the Metal on Metal Hip, that it might be better to do the replacement with the traditional hip, the old hip, if I may. So, I had the left hip replaced and to this day not a problem one at all!
Almost 5 years to the day of the total right hip replacement, my surgeon finally said, “it’s been almost 5 years and you are still complaining of problems, I think it best we go in, revision surgery, to take a look.
Prior to his comments regarding a revision surgery, I had view an Alert from the FDA, that Biomet was offering a $250,000 settlement to recipients of the M2A Magnum Metal on Metal Hip and that No Recall was in sight!
After receiving this and all that I had been through, I made the decision to consult legal advice. Not being involved in anything like this before I really didn’t know where to turn. Someone in my family recommended a local attorney. I made an appointment, the local attorney involved another attorney in the area and they began gathering information for me and medical records. They advised me that my case was a slam dunk and would qualify for the settlement. Naturally, all this sounded good, but my major concern was my health now and down the road! The end results turned out to be nothing like the two attorneys felt would happen.
I had the Revision Surgery, I was in surgery for a long time, from early in the AM, around 5:30 to finally getting into a room around the next morning around 2:30 AM.
There were other people in the waiting room asking my family member, “what kind of surgery I was having, that you have been here all day and ended up the last one waiting.
When my surgeon reported to my family member, he admitted it was a long surgery and there was traces of Metal shaving and darkness of the tissue (browning) around implant and hip area.
Apparently, the statement from the surgeon that was given to the attorney was different from the comments made in the waiting room after the surgery! The surgeon’s statements was, “the hip implant, the M2A Magnum Metal on Metal Hip was positioned incorrectly!”
My attorney’s advised me that there was nothing that could be done with the statement from my surgeon. Again, not that the money was the main issue, my health was the most important. The settlement of $250,000 ended up to be $25,000 and after all fees and cost, I received a little over $3600. Plus, I had to sign an agreement to let Biomet off the hook.
To this day, I still have problems, even after the Revision Surgery! My surgeon made it very clear to me, “do not ever fall on this hip, cause he would’t be able to repair it!”
Bottom line, I wish that I would have waited and had someone on my team that knew how to handle things. I feel bad for all the people around this country and around the world that has been effected by Biomet Metal on Metal Hips.
Thanks for listening, this still is an issue I have problems dealing with everyday!
J Chris Crosier
Finally, almost 5 years from the date of the original surgery, my surgeon performed a Revision Surgery on my on right hip to remove the metal cup.
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