Tampa, Florida (PRWEB) October 07, 2012
A panel of federal judges has issued an order consolidating all Biomet hip implant lawsuits over the M2a Magnum hip system to the U.S. District Court for the Northern District of Indiana, Morgan and Morgan reports.
Biomet opposed centralization claiming that the suits contained individualized, plaintiff-specific issues and revolved around a product that was not recalled, unlike the recalled device in Multidistrict Litigation (*MDL No. 2197 – In re: DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation) involving DePuy Orthopaedics’ ASR hip implants, according to the Transfer Order. Biomet further argued that it had efficiently settled cases involving the M2a Magnum in the past, and that these hip implants were less problematic than similar products, the Transfer Order stated. The panel decided that while these arguments carried merit, they were not strong enough to outweigh the reasons for consolidation.
Each of the Biomet hip lawsuits involving the M2a Magnum contained central issues regarding whether a common defect caused the plaintiffs’ alleged injuries, the panel found. Furthermore, it was noted that while “almost all injury litigation involves questions of causation that are case and plaintiff-specific, such differences have not been an impediment to centralization in the past.” Consolidation of the suits is expected to allow the plaintiffs’ claims to be resolved more consistently and efficiently, as well as conserve the resources of all involved parties.
“Consolidation of these suits is a significant development in the widespread litigation surrounding metal-on-metal hip implants,” said Michael Goetz, head of Morgan and Morgan’s mass tort section. “We have spoken with hundreds of clients who experienced complications from a number of brands of metal-on-metal hips and are pleased that another MDL is in place to help these individuals see their cases resolved efficiently.”
The lawsuits against Biomet (*MDL No. 2391 - In Re: Biomet M2a Magnum Hip Implant Products Liability Litigation) are alleging that the implant’s metal-on-metal design is defective, as it can lead to premature failure and metallosis, said to be caused by the high levels of metal ions generated from the implant’s metal components. This hip implant is not the only device that has been linked to these problems. According to a July 12, 2012 article published by Fox News, other total hip replacement manufacturers, including Depuy, Wright Medical and Zimmer Holdings, face similar complaints.
The attorneys at Morgan and Morgan continue to investigate claims on behalf of patients who suffered complications following surgery with any metal-on-metal hip implant and are offering free legal consultations on their website. For more information and a free case review, please visit http://www.forthepeople.com/consumer_alerts.htm today.
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Morgan & Morgan is one of the largest exclusively plaintiffs’ law firms in the country with 15 offices throughout Florida, Georgia, Mississippi, Tennessee, and New York. The firm handles cases nationally involving personal injury, medical malpractice, consumer class action, and securities fraud, as well as complex litigation against drug and medical device manufacturers. Visit Morgan & Morgan online at http://www.forthepeople.com/ for a free case evaluation and information about your legal rights.