Last week, Judge Hala Y. Jarbou of the U.S. District Court for the Western District of Michigan denied dismissing a lawsuit brought by a woman against Biomet Orthopedics LLC over its allegedly defective hip implant on the grounds that the claim was not time-barred.
The lawsuit, filed in 2016, stated that the plaintiff received the implant in 2006 and started suffering from pain in 2012. The suit noted that initially, the pain began in her right quad, which later shifted over to the hip by 2014. The plaintiff went to a doctor who referred her to a physical therapist.
The therapist believed the reason for causing the pain was implant surgery, which might have weakened the plaintiff's tendons and muscles, and there were no other clear causes, such as a recent fall. The plaintiff underwent revision surgery in 2014 and removed the implants.
In the November 2 opinion, the judge indicated she did not find the claim for fraudulent misrepresentation time-barred, rejecting Biomet's argument that the lawsuit was filed after Michigan's three-year statute of limitations. The opinion also noted that the plaintiff's blood samples showed slightly elevated levels of cobalt and chromium, indicating issues with the implant.
The judge stated that "in light of multiple potential causes, there is a genuine dispute as to when the implant allegedly began to inflict pain on the plaintiff. In other words, a reasonable juror could find that the hip implant did not harm the plaintiff before July 14, 2013, if they found the implant defective at all."
The lawsuit alleges the manufacturer knew for more than five years that its M2A-Magnum Hip Replacement System is likely to fail earlier than expected, and the metal ball and socket bearings have a tendency to release metal debris through wear and tear.
