Biomet is a medical device manufacturer that makes artificial hip implants that have a "metal on metal" design. These implants, such as the Stanmore, Exceed ABT, and M2a Magnum, are supposed to provide a smoothly functioning joint to replace painful bone on bone contact. However, our Biomet lawyers know that some patients experienced muscle damage because metal particles from the device have been released into the bloodstream and built to dangerous levels. They have been diagnosed with metallosis and require expensive revision surgeries. Biomet agreed to a $56 million settlement of claims related to artificial hips. If you have suffered an injury due to a Biomet artificial hip or another defective medical device, the product liability attorneys at Moll Law Group are available to help. Billions of dollars have been recovered in cases in which we were involved.Pursuing Compensation for Harm Caused by Biomet
Adverse events associated with Biomet artificial hips include premature device failure, fracture, pain, pseudotumors, and swelling. Moreover, metallosis can cause tissue necrosis, groin pain, swelling, and complications in the organs if the metal flakes travel to them. If you have suffered medical problems and incurred costs as a result of a Biomet artificial hip, you may be able to bring a product liability lawsuit with the assistance of a Biomet lawyer.
Manufacturers are required to design, manufacture, and test their products to make sure they are safe for consumers, and they must issue warnings to consumers in the event that the device has adverse side effects or fails. In general, a product must be defective in order to establish a prima facie product liability case. The defect may be one of manufacturing, design, or marketing. In the case of Biomet artificial hips, it seems the strongest grounds for filing suit are design defects and marketing defects (also known as failures to warn).
Design defects exist if the intended design is defective, such that the product is unreasonably dangerous. The rules used to examine design defect claims vary from state to state, but generally plaintiffs can only establish a design defect by proving there is a hypothetical alternative design that would not only be safer than the design used but also as practical and economically feasible to implement as the design used. This alternative must keep the primary purpose behind the design that was used. It is usually necessary to retain experts to testify on the existence of a design defect as well as propose a workable alternative design.
A medical device manufacturer may be held liable for failing to provide adequate warnings if a consumer is injured as a result. Most states follow a strict liability theory in which a failure to provide adequate warnings that causes an injury is sufficient to permit a plaintiff to recover damages, regardless of the manufacturer's degree of care. However, some states use a negligence standard, in which a plaintiff will need to prove the manufacturer's duty of care, breach, causation, and damages. Manufacturers can discharge the requirement of warning consumers about serious adverse effects or failures in most, but not all, states by providing a warning to doctors under what is known as the learned intermediary doctrine.Assert Your Rights by Consulting a Biomet Attorney
If you are hurt after being implanted with a Biomet artificial hip, the product liability lawyers at Moll Law Group are available to help you recover compensation. We represent consumers nationwide, including in states such as California, Florida, New York, Texas, Pennsylvania, Ohio, and Michigan. Call us at 312-462-1700 or use our online form to set up a free consultation with a Biomet attorney.