Despite the delays many courts are experiencing due to the Covid-19 pandemic, metal hip replacement cases are going to trial and juries are awarding major verdicts in favor of Plaintiffs who have the metal-on-metal hip implants. In two recent Biomet M2a Magnum metal on metal hip replacement cases, juries returned significant verdicts in favor of Plaintiffs.
Jurors in Missouri found the Biomet metal on metal hip implants were defective and caused injuries to Plaintiff Mary Bayes, awarding her $20 million. Jurors also awarded $1 million to her husband, Phillip Bayes, plus post-judgement interest and costs of the action. Jurors found in favor of the Defense on the strict liability and the punitive damages claim. The punitive damages portion of the trial did not begin until two weeks after the compensatory damages verdict due to a juror testing positive for COVID-19.
Mary Bayes had both her hips replaced in early 2008 with the Biomet M2a Magnum metal-on-metal implant. During the trial, Bayes noted that Biomet should have known the M2A Magnum had defects because it was based on an earlier problematic design, called the M2a Taper. Bayes began experiencing pain in 2010 due to her metal on metal hip replacement and had her first revision surgery in March 2011. Problems with the Biomet M2a Magnum system led Bayes to have 11 dislocations and seven revision surgeries.
Jurors in Iowa awarded $3.5 million to Lori Nicholson and her husband due to her Biomet M2a Magnum’s metal-on-metal hip replacement shedding microscopic particles that caused Lori to need a revision surgery. These metal particles caused pain and dramatically increased levels of chromium in Nicholson’s body. Nicholson had a revision surgery in June 2012. Jurors awarded $1.05 million in compensatory damages and $2.5 million in punitive damages. Although the trial did have some difficulties due to two jurors being dismissed for COVID-19 related reasons, six jurors were left and decided the verdict.
Beasley Allen hip replacement lawyers continue to investigate metal-on-metal hip implant cases. We are currently looking at metal hip replacement cases where the metal-on-metal hip implant has been revised or a revision is already scheduled. The metal-on-metal hip implant brands we are currently looking at are the DePuy Orthopaedics “ASR XL Acetabular System” and the DePuy “ASR Hip Resurfacing System,” recalled in August 2010; Stryker hip replacement “Rejuvenate” and “ABG II” modular-neck stems, recalled in July 2012; Stryker LFIT; and the Biomet “M2A 38 mm” and “M2A-Magnum” hip replacement system.
If you would like to send a case to Beasley Allen or have questions concerning metal-on-metal hips please contact Navan Ward, Tiffany Birley or Aigner Kolom at 800-898-2034.
This story appears in the January 2021 issue of The Jere Beasley Report. For more like this, visit the Report online and subscribe.