Medical Device Lawsuits

Will Exactech Joint Replacement Lawsuits be Centralized in MDL?

Will Exactech Joint Replacement Lawsuits be Centralized in MDL?

June 14, 2022, a motion was filed to consolidate all Exactech joint replacement lawsuits involving recalled polyethylene inserts in hips, knees, and ankles into a federal multidistrict litigation (MDL) in the Eastern District of New York. If the motion is granted, all future Exactech recall lawsuits filed in federal court would be centralized under the MDL.

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Jury Awards $7.68M in Zimmer Damages-Only Trial

Jury Awards $7.68M in Zimmer Damages-Only Trial

In 2015, Gary Kline took Zimmer to court over its Durom Cup metal-on-metal hip implant. The jury found Zimmer liable for his health issues; however, the damages awarded were overturned on appeal. The trial court, in a decision upheld on appeal in 2018, ordered a new trial leading to a damages-only retrial.

The jury, asked to rule strictly on damages, unanimously awarded $7.68 million to Kline: $80,460.19 in past economic losses; $3.6M in past non-economic losses; and $4M in future non-economic losses.

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Another Metal Poisoning Lawsuit Filed Against Zimmer Biomet

Another Metal Poisoning Lawsuit Filed Against Zimmer Biomet

On April 17, 2019, another lawsuit against Zimmer Biomet Holdings, Inc. was filed in the Superior Court of California for the County of Los Angeles. The lawsuit, Langford v. Biomet Inc., is one of many lawsuits in both state and federal courts the company is facing regarding heavy metal poisoning from its metal-on-metal hip replacements.

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NBC News Investigation into Biomet Hip Implants

NBC News Investigation into Biomet Hip Implants

November 27, 2018. An NBC News investigation focused on medical device dangers, specifically the Biomet M2a Magnum Hip Implants, came out this week asking the question, “how can a medical device deemed unsafe in another country still be sold in the US?”

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Lawsuit Claims Biomet Misleading Patients/Surgeons with Inaccurate Information

Lawsuit Claims Biomet Misleading Patients/Surgeons with Inaccurate Information

November 23, 2018. Recent news about Biomet’s Magnum hip replacement:  three California residents filed a lawsuit against Biomet Orthopaedics claiming:

  • Biomet sold defective Magnum metal-on-metal devices to these patients
  • Biomet has posted false and misleading data on its website as a way to reassure patients and surgeons that there is nothing wrong with the device

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Closing of Biomet Metal-on-Metal Hip MDL Does Not Mean No More Litigation

Closing of Biomet Metal-on-Metal Hip MDL Does Not Mean No More Litigation

The Multi-District Litigation (MDL 2391) for the Biomet metal-on-metal hip closed September 1, 2018 to any new cases. However, this does not mean that potential Biomet Magnum and M2a clients should be turned away.

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Zimmer Biomet Faces More Magnum Hip Replacement Lawsuits

Zimmer Biomet Faces More Magnum Hip Replacement Lawsuits

August 28, 2018. More lawsuits have been filed against Zimmer Biomet on behalf of patients who had to undergo a traumatic second revision surgery to remove the Biomet Magnum metal-on-metal hip implants.

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Trial to Begin: Zimmer M/L Taper Hip with Kinectiv and VerSys Head

Trial to Begin: Zimmer M/L Taper Hip with Kinectiv and VerSys Head

Another metal-on-metal hip replacement component is in litigation news: A case involving a woman alleging the Zimmer M/L Taper with Kinectiv Technology hip implant system with a VerSys femoral head was defectively designed and manufactured is set for trial in a Pennsylvania federal court on July 31.

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Biomet Faces More Magnum Hip Replacement Lawsuits

Biomet Faces More Magnum Hip Replacement Lawsuits

May 3, 2018. Three more lawsuits have been filed against Biomet Orthopedics on behalf of patients who had to undergo traumatic hip revision surgery due to defective Biomet Magnum hip implants.

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First US Trial Against Biomet Over M2a Hip Replacements

First US Trial Against Biomet Over M2a Hip Replacements

Update on the Biomet M2a metal-on-metal hip replacement litigation.

September 2018 will bring the first trial against Biomet Orthopedics over its M2a-38 and M2a-Magnum hips in Fort Lauderdale, Florida. Nash & Franciskato is co-counsel with Maglio Christopher & Toale in Sarasota, Florida on this case.

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