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On September 1st the Biomet metal-on-metal hip Multi-District Litigation (MDL 2391) closed to any new cases. Some firms may see this as a reason to turn away potential Biomet Magnum and M2a clients.  We disagree.

There is a strong case to make against Zimmer Biomet, Inc. in state and federal courts.  The Biomet Magnum and Biomet M2a-38 metal-on-metal hip replacements, like the other metal on metal hip replacements, have a dizzying record of failures.  Many countries have already issued hazard alerts and recalls of these two products, but not in the United States.  Anyone who received these implants is at a very real risk of heavy metal poisoning, resulting in tissue death and bone loss.

Maglio Christopher & Toale, P.A., in partnership with the Nash & Franciskato Law Firm, is leading the Biomet metal-on-metal hip litigation across the country.  For many years now, we have litigated these cases outside of the MDL in state courts.  Our independence from the discovery limitations in the MDL have allowed us to conduct extensive fact as well as expert discovery.  Our internal systems currently store millions of Biomet documents produced in our state court cases that were not available to the MDL attorneys. We’ve taken dozens of depositions of Biomet employee witnesses.  We believe these are excellent cases and our attorneys are prepared to take them to trial.

 State Court Venues for Biomet MoM Hip Cases

Maglio Christopher & Toale, currently litigating Biomet hip cases in Seattle, WA; San Francisco, CA; Kansas City, MO; St. Louis, MO; New Orleans, LA; Rockford, IL; Indianapolis, IN; South Bend, IN; Hackensack, NJ; Sarasota, FL; Ft. Lauderdale, FL; Naples, FL; and Jacksonville, FL.  Our Firm intends to continue filing complaints over the Biomet Metal-on-Metal hips in state and federal courts around the country.  Here’s why:

  • Our Firm has successfully overcome significant discovery hurdles that affected the federal cases in the MDL.
  • Our attorneys have already reviewed the millions of pages of internal Biomet documents produced in discovery.
  • We have taken depositions of dozens of high-level Biomet management from around the world.
  • We have consulted and retained leading orthopedic experts about the failure of Biomet metal on metal hips.
  • Discovery is ongoing — We continue to obtain internal information essential to proving these hip replacements are defective and a ticking time bomb for recipients.
  • We have been litigating metal on metal hip implant cases for over 10 years.  In fact, in 2008, Maglio Christopher & Toale, P.A. filed the first defective metal-on-metal hip lawsuit in the United States.

Please do NOT turn away Biomet metal-on-metal hip clients.  Refer these cases. The number of patients facing horrific complications from these hips will increase over time, and they deserve representation.  If you want to know more about how Maglio Christopher & Toale, P.A. is litigating these cases in state courts, contact us at 888.952.5242.

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