TORONTO, Nov. 5, 2013 /CNW/ - The law firms Stevenson LLP, Koskie Minsky LLP, and Klein Lyons have launched a class action against Biomet, Inc. and related entities regarding Biomet's metal-on-metal hip implant systems, including the M2a Magnum, the M2a 38, and the ReCap Femoral Resurfacing System.
The lawsuit alleges that Biomet, Inc. and related entities were negligent in the research, design, manufacture, regulatory licensing, sale and post-market monitoring of their metal-on-metal hip implants, and that people implanted with the products in Canada suffered personal injuries when their hip implants failed.
A metal-on-metal hip implant is one in which both the ball and socket of the product are made of metal. The Biomet implants were aggressively marketed by the defendants as having advantages over other hip replacement or resurfacing systems, as suitable, safe, effective, durable, minimally invasive hip replacements, as high performance, long-lasting systems, as contributing to a better quality of life and as being particularly suited for young, active patients, women and patients of smaller stature.
The lawsuit alleges that the Biomet metal-on-metal hip implants were designed and manufactured improperly and should not have been sold in Canada. In particular, the Biomet metal-on-metal implants cause metal debris to be released into the surrounding tissue and other complications. The heavy metals released can be toxic, and may cause, among other things, tissue necrosis, metallosis, pseudotumours, bone dislocation and failure of the hip joint. Shortly after the Biomet implants were approved for sale in Canada, there were increasing reports of premature failures with these devices.
Despite serious and numerous reports of failure of the Biomet implants, no warning was provided to Canadian patients of the significant risk of failure of the Biomet implants and Biomet continues to market and distribute the Biomet metal-on-metal implants in Canada, despite unacceptably high early revision rates and other problems.
James Newland (of Stevensons LLP), Jonathan Ptak (of Koskie Minsky LLP) and Doug Lennox (of Klein Lyons) are lead counsel in this proposed class action.
Stevensons LLP, based in Toronto, is a leading boutique litigation firm with expertise in complex commercial litigation, personal injury and medical malpractice, class actions, appeals, estates, employment, administrative and public interest law.
Koskie Minsky LLP, based in Toronto, is one of Canada's foremost class action, labour, employment and litigation firms. Its class actions group has been a leader in class actions since 1992 and has prosecuted many of the leading cases in the area.
Klein Lyons, based in Vancouver and Toronto, is a leading class actions firm with significant expertise in defective drugs and medical devices class actions.
SOURCE: Koskie Minsky LLP
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