Biomet Hip Recall Update: Exempting Investigational Devices

biomet hip replacementBiomet is now under investigation after Leslie Caccia and his wife Allison, filed cases against the hip implant maker. Leslie and Allison are the lead plaintiffs of the multiple cases filed against Biomet. The couple claimed that the Biomet M2A-Magnum artificial hip that was used on Mr. Caccia failed to function properly.

Due to the premature failure, Mr. Caccia has suffered from metal poisoning. Mr. Caccia underwent multiple surgeries after the failure of his artificial hip. Other lawyers are also investigating complaints about the artificial hips provided by Biomet of other victims in different parts of the United States. The cases are being compiled to further get up to date information about the Biomet hip recall and to strengthen cases against the company.

What is the cause of the complaints?

The Biomet M2A-Magnum Hip is similar to the Stryker Rejuvenate because it utilizes metal on metal hip replacement during surgery. Victims have also stated that they suffered from hip failure, metal poisoning, or metallosis. Victims are affected by metallosis or metal poisoning because of the debris released into the body’s soft tissues due to artificial hip failure. Some experts have already conducted a study concluding that metal on metal hip replacement is commonly associated with hip failure.

Biomet Hip Recall Updates

Recently, the lawyers of Biomet asked Judge Robert L. Miller, the federal judge for all liability claims against Biomet’s product, to drop all of the cases filed against them because of federal preemption. This legal loophole states that implant makers have legal immunity for defects on their products as long as it has the approval of the FDA.

However, Judge Miller denied the motion of Biomet’s lawyers. Judge Miller stated that even though the product has the approval of the FDA, Mr. Caccia used Biomet’s product outside the controlled study of the investigational device exemption. Mr. Caccia’s use had no proper oversight, monitoring, nor record keeping of the FDA. More Biomet hip recall updates are pouring in to further strengthen the case against Biomet.

Moving Forward with the Biomet Hip Recall

There are around 600 cases against Biomet being consolidated in Indiana alone. The cases also included plaintiffs from different parts of the United States. It is anticipated that there would be more cases filed against Biomet in the coming months as more victims come forward. Biomet’s hip replacement system has caused suffering for many victims. If you need legal consultation, you can consult with a law firm that handles the other cases against Biomet.

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