On October 4, 2013, a class action lawsuit was filed in Canada against the manufacturers and distributors of Biomet Hip Implants. The lawsuit alleges that the defendants were negligent in the research, design, manufacture, regulatory licensing, sale and post-market monitoring of the Biomet Implants.
The Biomet Implants are classified as Class III devices under Health Canada’s regulations, which are devices of substantial importance in preventing impairment of human health. The Biomet Implants were developed in order to reconstruct human hip joints that are diseased or damaged due to conditions such as osteoarthritis, rheumatoid arthritis, avascular necrosis, or fracture. Once implanted, the Biomet Implants were supposed to last for an average of 15 or more years.
The representative plaintiff claims that the Biomet devices failed due to design and manufacturing defects which resulted in excess metallic wear debris and which caused an adverse biological reaction, leading to the failure of the implant and the need to be replaced. The suit alleges that Biomet knew or should have known that its metal-on-metal implant devices were not safe or effective, but failed to warn Health Canada or patients.
The Biomet Implants all shared common defective design characteristics that made them susceptible to early failure and cause serious adverse effects in patients. In particular the Biomet Implants used metal-on-metal components, which cause metal debris to be released into the surrounding tissue and other complications. The heavy metals released can be toxic, and may cause, inter alia, tissue necrosis, metallosis, pseudotumours, bone dislocation and failure of the hip joint.
If you or a loved one has experienced complications due to a Biomet Hip Implant, call Klein Lawyers today to speak to a case manager about representation. To find out whether you can file a claim over your hip implant injuries, fill out our “Do You Qualify Form”.
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