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Seeking a Biomet Hip Lawsuit Update

In June 2021, biomet, which combined with other company maker Zimmer in to form Zimmer Biomet has faced hundreds of patent lawsuits over the Biomet M2 metal-on-metal hip replacements systems. The lawsuits were consolidated in the U.S. District Court in the Northern District of Indiana. A three-judge federal district court panel found that the distributor and manufacturer of the metal hip prosthesis intentionally designed the devices to circumvent technological patents, violating the patent rights of others. The manufacturers are liable to pay damages and must permanently remove infringing material from the market.

This is the second case of its kind in as many months.

In June 2021 a three-judge federal district court panel found that the distributors and manufacturers violated anti-competitive acts by using non-technical language in their sales presentations. The complaint was brought by six different parties who collectively filed more than one hundred lawsuits on behalf of the original named defendant. The case was expected to be heard by the Supreme Court but a lower court has ordered the manufacturers to submit additional written briefs by August 8th to the court to further the discovery process. A decision on the merits of this case will be released after the briefs are submitted.

The biomet hip replacement technology has been around since 1998.

The plaintiffs were originally named by the parent company in the case and they include hospitals, doctors, former users, and others who were affected by the sale. The original complaint alleged that the manufacturers deliberately deceived consumers into purchasing an inferior product with numerous defects. The complaint sought class-action status and was able to force manufacturer Zimmer Biomet to respond to some of the claims through their attorneys. One of the main sticking points was a difficulty finding an analog to the proprietary software that the manufacturer designed to replace the HIP.

When the comet hip replacement system was introduced, it included two pieces of hardware:

a physical implant which could be attached to the patient’s body; and a software program that provided the patient with a virtual image of the hip area being restored. The software was programmed in such a way as to not provide feedback to the doctor that would indicate whether or not the implant was properly installed. This resulted in a situation wherein patients could have their implants removed even if they did not need them. A second lawsuit against the company resulted in the dismissal of claims that the company engaged in practices similar to those of the prior complaint. Now that the second lawsuit has been dismissed, the comet implant company is allowed to sell its product without fear of being held liable for potential errors and omissions in the design and manufacture of the devices.

Biomet is now available without a physical implant.

The most common type of biometric implant used in conjunction with HIP is the Laptop Contact Lifting Device (LCPD), which is a wireless device that is designed to lift the patient’s hip joint. Although this type of implant does not involve the removal of a bone (as in the prior lawsuit), there is still potential for damage to the skin or nerves associated with the hip joint. As more people are able to file biomet implant lawsuits and demand for a full hearing involving the risks associated with the defective design and manufacturing of the original HIP, the risk for companies selling this type of surgical system increases.

It is important to understand that when filing a claim for compensation with the help of a qualified personal injury attorney, you must be prepared to fight for the compensation that is due to you as a result of a defective surgical system or procedure.

For example, if you or a loved one has been permanently injured as a result of a defective hip replacement surgery, you may be entitled to seek monetary damages that include lost wages and medical bills, punitive damages, and even emotional suffering (in cases involving the psychological aspects). It is important to keep in mind that these types of cases are generally decided on a contingency basis, meaning that the plaintiff does not have to pay anything upfront, but can recover their own legal costs and compensate you for your losses. However, if you win your lawsuit and are awarded compensation, it is important to keep in mind that many of these types of cases do go to trial, especially if the defendant cannot produce adequate evidence to justify their conduct. You should therefore consider obtaining the services of a qualified personal injury lawyer who has experience in handling these types of lawsuits.

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