Products Liability Law Reporter

Lori Nicholson, 45, underwent implantation of the metal-on-metal M2a Magnum Hip System in her left hip. Four-and-a-half years later, she developed pain in the hip and learned that her prosthesis had moved out of place. She also was diagnosed as having a pseudocyst and high chromium levels in her body. Nicholson underwent revision surgery to remove the failed M2a Magnum Hip System and replace it with a metal-on-polyethylene hip system. Nicholson now has a greater risk of future complications, including hip dislocation, and will require additional revision surgeries in her lifetime.

Nicholson and her husband sued Biomet, Inc.; Biomet Orthopedics, LLC; Biomet Manufacturing Corp.; and Biomet U.S. Reconstruction, alleging defective design and seeking punitive damages. The plaintiffs claimed that the defendants failed to adequately test the design of the Magnum Hip System, which was never approved by the FDA as being safe or effective for its intended purpose. The product’s defect caused excessive amounts of cobalt and chromium to wear and corrode from the surface of the acetabular cup and the femoral head, which caused Nicholson’s body to reject the implant, the plaintiffs asserted.

Suit did not claim medical expenses or past lost wages.

The jury awarded $3.55 million, including $2.5 million in punitive damages.

Citation: Nicholson v. Biomet, Inc., No. 3:18-CV-3057-CJW-KEM (N.D. Iowa Nov. 23, 2020).

Plaintiff counsel: AAJ member Bryan Hofeld, Jeffrey Haberman, and Sarah Schultz, all of Fort Lauderdale, Fla.; and AAJ member Devin Kelly, Des Moines, Iowa.