$3.5 Million Jury Verdict for a Woman’s Lawsuit against Biomet
An Iowa federal jury awarded a woman $3.5 million after suffering complications from hip implant surgery.
Lori Nicholson claimed that her Biomet M2a-Magnum hip prosthesis was defective, and that the device’s microscopic particle shedding required her to undergo revision surgery.
According to the judgment from the U.S. District Court for the Northern District of Iowa, the $3.5 million verdict includes $2.5 million in punitive damages and $1.05 million in compensatory damages.
In 2007, Nicholson received the Biomet M2a-Magnum hip implant, manufactured by Biomet, Inc. That specific type of metal-on-metal hip implant that was mae by Biomet is no longer sold in the U.S.
In 2012, Nicholson had revision surgery due a loosening of the devide caused by metal ion disease. She developed a pseudocyst that caused her significant pain and increased the chromium level in her blood.
Nicholson’s attorneys, Jeffrey Haberman and Bryan Hofeld of Schlesinger Law Offices, stepped forward to travel to Cedar Rapids to participate in the two-week federal court trial, despite the increasing cases of COVID-19 in the state.
Hofeld, in a statement, said, “Traveling and trying a case in person during a pandemic is never ideal, but our client deserved justice and the very best representation in court.”
The case was tried in the Northern District of Iowa before the United States District Court Judge, C.J. Williams. Originally eight jurors were selected for the trial, but two were dismissed due to coronavirus-related concerns. The remaining six jurors reached their verdict in under four hours.
Many additional users of the Biomet hip implants have alleged defectiveness of the all-metal components.
Zimmer Biomet indicated it will issue a challenge to the $3.5 million federal jury verdict. In a statement, the company said, “It will pursue all available legal options to appeal this verdict.” Continuing, “The M2a hip implant has helped thousands of patients successfully regain their mobility, and while we appreciate the jury for its service, we disagree with the jury’s conclusion and believe it was contrary to the evidence presented at trial.”
The suit is similar to a verdict passed on November 18. In that case, a Missouri federal court jury awarded $21 million as compensatory damages to a woman who claimed she was egregiously hurt by the Magnum 2a prosthesis in both her hips.