Biomet M2a Hip Replacement Lawsuits and Settlements

Find Out Now if You Have a Case and What to Do Next
Contact Us Online NowCall Us: 888.952.5242

What is Wrong with the Biomet M2a and Magnum Hips?

The Biomet M2a 38 and the M2a Magnum are metal on metal hip implants with a history of serious complications. The problems reported by patients are the result of the metal head (also referred to as the “ball”) and the metal cup rubbing together and releasing cobalt and chromium debris.  This metal debris has been linked to health problems like: 

Biomet M2a Hip – Ball, Cup, and Trunion

NBC News Interviews Biomet Hip Client Represented by Maglio Christopher & Toale, P.A.

An NBC News investigative report asks why Biomet Metal on Metal hips considered unsafe in other countries were good enough to sell to U.S. patients.  Andrew Chappell, represented by the attorneys at Maglio Christopher & Toale, P.A., talked to NBC about his Biomet hip experience.

The story aired on the TODAY Show on Tuesday, 11/27 as part of a global project organized by the International Consortium of Investigative Journalists to examine the medical device industry.

The print version of the news story featured attorney Altom Maglio:   

“Throughout the extensive litigation, it’s still not clear why Biomet decided not to issue a recall in the U.S. According to Chappell’s attorney, Altom Maglio, it’s because no one was forcing them to.”

5 Steps to Take Now if You Have a Biomet M2a Metal on Metal Hip

1.  See Your Doctor for a Follow-Up Exam – Even if You Don’t Have Symptoms.

Ask your orthopedic surgeon if he or she is aware of the research on adverse reaction to metal debris (ARMD), pseudotumors, and tissue death from Biomet M2a hips.  You can review the latest research yourself here.

You may want to request a MARS MRI, or CAT scan of your hip to look for pseudotumors or adverse reaction to metal debris ARMD even if you don’t have any symptoms. Doctors may not know to look for a MoM hip problem if you don’t have symptoms.

Ask your doctor to test your blood for high levels of cobalt or chromium.  The friction between the metal cup and ball rubbing together can cause microscopic metal particles to rub off and enter your bloodstream.  This can be a sign of metallosis, which can cause devastating medical conditions.

A portion of the M2a Magnum system is titanium. There have been recommendations that patients with the M2a Magnum also need to be concerned about the effects of titanium debris and should also be tested for titanium in their blood.

2.  Hire an Attorney BEFORE Your Biomet M2A or Biomet Magnum Revision, If Possible

It is extremely important to preserve removed Biomet M2A and Magnum metal-on-metal hip replacements for evidence.

In addition, it is important to preserve pathology specimens which document the amount and effect of the metal debris generated by the metal on metal hip replacement.

Maglio Christopher & Toale, P.A. is a leader in obtaining and preserving such evidence. We can help your surgeon retrieve and store the device and specimens.

If you already had revision surgery, don’t worry.  Our attorneys will likely still be able to recover evidence from your procedure.  That’s why we work as a team with your orthopedic surgeon.

Call Now: 888.952.5242

3.  Get a Copy of Your Hip Implant Records

Your hip implant record is a key piece of evidence in your case.  Ask your surgeon to give you a copy of the implant record and the operative notes.  Click here to see a replica of an implant record.

The implant record is a piece of paper with stickers on it (see Figure 1). These labeled stickers are removed from the hip implant packaging before surgery.

The stickers will show what brand of hip device you have and may include a barcode or serial numbers.

The implant record also typically includes the patient’s name, date of surgery, and the hospital where the hip replacement surgery was performed.

What if I Have Trouble Getting These Medical Records?

These are your personal medical records and you have a right to a copy of them.

The Biomet hip replacement attorneys at Maglio Christopher & Toale, P.A. can help you collect and review these medical records in order to preserve evidence for a claim.

Please contact us immediately to begin a case evaluation. You can call us at (888) 952-5242 or fill out our form below.

4. Report Your Problem to the FDA

FDA MedWatch Form Metal Hip Replacements

Fill out the FDA MedWatch Report

There is something you can do:  Report your adverse metal on metal hip experience to the FDA by filling out a MedWatch form.

Hip manufacturers are required to report all hip failures to the FDA but often find loopholes to keep this data hidden.

If the FDA doesn’t have accurate reporting of patients experiencing serious complications, then neither does your surgeon.  Your doctors rely on FDA data to diagnose problems and know when a specific type of hip implant is having issues.

Don’t let the hip implant makers brush your information under the rug. Most people don’t know that you can self-report problems.  The FDA needs to hear from you.  Empower yourself against these huge corporations who put profits above your health.

It’s simple to fill out and an important way to make your voice heard.  Here is a link to the form:

File an FDA MedWatch Report

5. Sign the Petition Demanding the FDA Recall the Biomet Magnum & M2a Hips

Demand the FDA do its job and recall the Biomet Magnum and M2a-38 metal on metal hip replacements. Why? Because these hip replacements are causing heavy metal poisoning resulting in tissue destruction, pseudotumors, bone deterioration, and heart failure. Patients and surgeons have been left in the dark. Zimmer-Biomet has known of these problems for years. The company even recalled these hip replacements in other parts of the world, but not here. Zimmer-Biomet has failed to warn patients and surgeons in the United States of the heavy metal poisoning. Demand the FDA do its job and recall this dangerous product. Patients and surgeons must be warned of the risks!

Sign Petition Demanding FDA Recall Biomet Hip

Our Extensive Legal Experience in Metal-on-Metal Hip Litigation

➨Our attorneys represent clients in the FIRST trial against Biomet in the United States. The trial date is set for September 2018.

➨Maglio Christopher & Toale, P.A. is one of only a handful of law firms in the nation that has reviewed the millions of discovery documents involved in this litigation.

➨ Our attorneys have personally questioned under oath dozens of orthopedic hip manufacturer’s employees from all over the world, including surgeons, designers, marketing executives, and corporate CEOs.

➨ In 2008 the Maglio Christopher & Toale, P.A. Law Firm filed the first lawsuit in the United States against a manufacturer of the current generation of defective metal-on-metal hip replacements. Ever since we have been at the forefront of litigation against the makers of these defective medical devices across the United States.

➨ We have developed contacts within the orthopedic community, an understanding of how that community works, and we have extensive medical and technical knowledge about defective orthopedic hip replacements.

➨ We are aggressively and actively litigating Biomet cases through the U.S. state and federal court systems.  We are not waiting for a settlement that may never come because our clients need justice now.

Biomet Issues “Hazard Alert” for M2a Hip Implants in Australia

Biomet stopped supply and sales of its M2a hip replacement components and canceled them from the Australian Register of Therapeutic Goods (ARTG).

In February 2015, Biomet issued a “hazard alert” for these metal on metal (MoM) components because the Australian Orthopaedic Association has data showing a much higher than expected revision rate.
Read the Australian Hazard Alert Here

Biomet Sends Warning Letters to Surgeons in Europe

In April 2016 the company sent letters to surgeons in Europe admitting the M2a hip had a higher than expected revision rate. The warning is called a Field Safety Corrective Action and is based on data collected by the National Joint Registry for England, Wales and Northern Ireland. However, Biomet sent NO similar warnings for U.S. surgeons to follow up with their patients.

Read the Biomet Field Safety Notice Here

MCT Law in the News

KIRO Seattle TV News Story About Biomet Hip Lawsuits

Watch the KIRO7 Seattle news story to learn more about how our attorneys are representing Biomet M2a hip clients across the country.

Biomet M2a Hip Replacement Litigation Timeline

We get many calls asking for news on the Biomet M2a Litigation. The timeline below only applies to the legal work done by the attorneys at Maglio Christopher & Toale, P.A. on behalf of our clients. If you have questions about your Biomet metal on metal hip and how it relates to this litigation, please contact us at 888.952.5242 or complete the form at the bottom of this page.

A Florida judge allows the attorneys at Maglio Christopher & Toale, P.A. to go after punitive damages against Zimmer Biomet as part of three Florida residents' lawsuit in Fort Lauderdale. Punitive damages are a type of financial punishment against a company for intentionally bad behavior or misconduct. The standard for punitive damages in civil court is similar to the standard in criminal court for manslaughter. In order to include punitive damages in their lawsuit, these ...
Read More
Maglio Christopher & Toale, P.A. is the only law firm in the country allowed to question Biomet representatives under oath about the connection between alleged unethical business practices and their M2a metal on metal hip implants. In a courtroom hearing, our legal team won the ability to force Biomet to sit for depositions.  During these interviews, top Biomet staff will have to answer our questions about giving financial kickbacks to the surgeons, including those who designed the ...
Read More
Maglio Christopher & Toale, P.A., and its partner Nash & Franciskato are the ONLY law firms in the country to demand and get access to internal Biomet documents showing dangerous quality control issues at the plant where Biomet made the M2a Hips. Uncovering the Full FDA Inspection Report of Biomet's Warsaw Facility In the fall of 2016, the FDA released a site inspection report of the Biomet facility in Warsaw, Indiana where all M2a metal on ...
Read More
Losing patience with Biomet, the Court forces Biomet to produce its internal communications with its sales representatives and to explain what efforts it actually took to find the requested communications. Read Order Forcing Biomet to Produce Internal Communications ...
Read More
In extensive arguments with Biomet, Maglio Christopher and Toale, P.A., convinced the court that Biomet's search protocols for the MDL documents were so poor that they resulted in the production of a large number of useless and irrelevant documents. These only served to confuse the issues and make more difficult the job of proving Biomet's bad conduct.  Scoring a critical victory, Biomet was forced to adopt new search protocols authored by Maglio Christopher & Toale, P.A ...
Read More
Upset that Biomet has seemingly sat on its hands for nearly a year, the court forced Biomet to produce to our clients all audio and video files responsive to the request. The court also warns Biomet to stop using its inferior production of documents in the MDL as an excuse to not produce documents to plaintiffs in state court.  The judge wrote in the order, "Biomet cannot utilize its 'confusion' or its production of discovery ...
Read More
As Maglio Christopher & Toale, P.A. turned up the heat on Biomet requesting documents related to their M2a metal on metal hips, Biomet fought back by adopting a "scorched earth" strategy of multiple objections to every single request for documents by our clients. In November 2015, a state court in Florida ruled for our clients and forced Biomet to produce documents relating not only to the M2a Magnum metal on metal hip implant but the ...
Read More
In the American court system, federal and state courts operate completely independently of each other.   Biomet's victories up until this point all occurred in the Multi-District Litigation (MDL), which is part of the federal court system. Suspicious that the MDL may not be the best place to litigate our cases at this early stage of the fight against Biomet, Maglio Christopher & Toale, P.A. instead chose to file our clients' cases in state court, out ...
Read More
The threat of a trial is typically a very strong bargaining chip to help sides reach a settlement in a case.   For plaintiffs, the bargaining chip is that a trial will ensure that bad behavior of the defendant becomes public and the company may end up having a large jury verdict against it. Without the documents to prove their claim though, Biomet recognized that the plaintiffs in the MDL were in a weak bargaining position.  ...
Read More
During the "discovery" phase of a case, the patients suing Biomet are allowed to request documents and depositions (interviews) from Biomet in order to "discover" evidence for their eventual trial.  Unfortunately, the plaintiffs (patients suing Biomet) in the MDL faced a huge setback in this process early on in this litigation. The Problem with the Biomet MDL Discovery Typically, documents will be produced in a case only after they are requested.  Especially when there is a lawsuit ...
Read More
In October of 2012, a federal judicial panel consolidated lawsuits across the United States involving the Biomet M2a Magnum hip replacements into one federal court.  This move created Multi-District Litigation (MDL) No. 2391. What is an MDL? The point of a multidistrict litigation (MDL) is to help a lot of similar cases efficiently handle pre-trial issues (such as evidence-gathering) that may be shared between the cases.  While they may seem alike at first glance, an MDL is NOT a class action lawsuit.  ...
Read More

Common Reactions to Biomet M2a Hips

Cobalt Chromium Poisoning and Metallosis

Microscopic debris from metal rubbing on metal in your Biomet M2a hip replacement can trigger a serious metal poisoning reaction. Some of the medical complications from this metal poisoning include heart problems, vision loss, tissue death around the joint, dementia, hearing loss, even death.

Read More

Pseudotumors

Research on Biomet Metal on Metal (MoM) hip patients finds tissue damage and pseudotumors around the joint, even when the patient has NO symptoms, like pain, clicking, or swelling.  Metal reactions to Biomet Magnum and M2a hip replacements are often not seen on X-rays and blood tests, according to researchers. Some pseudotumors can only be found by performing a MARS MRI or CT scan, even when X-rays and blood tests for metal ions show nothing abnormal. In one study (Bosker, et. al), out of 107 patients with Biomet M2a hips, 42 had pseudotumors (39%) but only 12% of the patients in this study had surgery to remove the Biomet implant at 4.5 years.

Read More

Heart Damage – Cardiomyopathy – from Cobalt Toxicity

Recently published research shows that high cobalt levels from a Biomet M2a-Magnum hip can cause irreversible heart damage. The microscopic metal shards that flake off from the metal cup and ball rubbing together can flow into the bloodstream and damage your heart muscle. This form of systemic injury means the cobalt debris from the MoM hip implant can actually cause traumatic disease and injury throughout the entire body and not just in the hip area.

Read More

Biomet Magnum Research Summaries

Higher Wear Rates for Biomet Metal on Metal Hips than Other Failed MoM Hips

Title: Explant Analysis of the Biomet Magnum/ReCap metal-on-metal hip joint Abstract Metal-on-Metal (MoM) hip resurfacing implants and MoM total hip arthroplasty (THA) implants have recently been questioned by the medical community because of their high revision...

Biomet M2a Magnum Hip is Hard to Revise

Title: Modular to Monoblock: Difficulties of Detaching the M2a-Magnum Head Are Common in Metal on Metal Revisions Where Are We Now? Metal-on-Metal total hip arthroplasty (MoM THA) implants consist of many metal parts that rub together over the course of normal use....

Study: Biomet M2a Magnum Heads Increase Risks of Bleeding, Infection, Fracture During Revision Surgery

Title: Modular to Monoblock: Difficulties of Detaching the M2a-Magnum Head Are Common in Metal-on-metal Revisions Abstract Metal-on-Metal total hip arthroplasty (MoM THA) implants are made up of a variety of components. One common component is the modular head; it is...

Study Finds Metal on Metal Hip Implants Cause Higher Metal Ion Levels than Resurfacings

Title: Higher Blood Cobalt and Chromium Levels in Patients with unilateral metal-on-metal total hip arthroplasties compared to hip resurfacing Abstract High cobalt and chromium levels in the blood are known to cause negative side-effects in patients with metal on...

Nearly 9% Chance of Pseudotumors 5 Years After Biomet Magnum M2a MoM Hip Implant

Title: A 5-year survival analysis of 160 Biomet Magnum M2a metal-on-metal total hip prostheses Abstract Large-head metal-on-metal (MoM) total hip arthroplasties (THA), or hip implants, have high failure rates. This study looks at the conditions of 160 hip devices 5...

Monitor for Cobalt Chromium Levels and Pseudotumors Very Early On

Title: Clinical and Wear Analyses of 9 Large Metal-on-Metal Total Hip Prostheses Abstract All patients in this study had the Biomet Magnum (M2a-Magnum™) hip implant with a Recap cup and Taperloc (Taperloc1 Hip Stem) or Mallory stem. This study attempts to figure out...

Metal on Metal Hips Cause 26-Times Increase in Cobalt and 15 Times Increase in Chromium Levels

Title: The Effect of Different Bearing Surfaces on Metal Ion Levels in Urine Following 28mm Metal-on-Metal and 28mm Metal-on-Polyethylene Total Hip Arthroplasty Abstract Total hip arthroplasty (THA), or hip replacement surgery, is known to increase levels of metal...

Pseudotumor in a Patient with a Biomet Hip Implant

Research Title: Pseudotumor in Large-Diameter Metal-on-Metal Total Hip Articulation Abstract This case study focuses on a patient who experienced pain in her hip following a large-diameter metal-on-metal (MoM) hip replacement. She also developed a pseudotumor, which...

Biomet Magnum Hip Replacement and Heart Problems from High Cobalt Ion Levels

Research Title: Progressive Cardiomyopathy in a Patient with Elevated Cobalt Ion Levels and Bilateral Metal-on-Metal Hip Arthroplasties Abstract: Cobalt poisoning, which is also referred to as cobalt toxicity or cobalt disease, is caused by excessive levels of cobalt...
Metal on Metal Hip Replacement Lawsuits Biomet Magnum M2A Hip Replacement Lawsuits