Florida Biomet Magnum Hip Lawsuit: Metal Poisoning, Safety Loopholes and Secret Marketing Campaigns

(Ft. Lauderdale, FL – May 3, 2018)  Maglio Christopher & Toale, P.A. files yet another lawsuit against Biomet Orthopedics on behalf of 3 Florida patients who all had to undergo traumatic hip revision surgery because of their defective Biomet Magnum hip implants.

Patients Facing Medical Crises from their Biomet Magnum Hip Implants

Robert Bloom’s Biomet Magnum hip revision surgery turned into an even bigger nightmare than anyone expected.  While removing the Magnum, the orthopedic surgeon found and removed an extremely large pseudotumor from Mr. Bloom’s hip joint before replacing it with a different type of hip implant.  Unfortunately, the hip became infected and Mr. Bloom had to undergo a THIRD hip replacement surgery.

Raymond Moore experienced severe pain, burning and extremely high levels of metal in his bloodstream from his Biomet Magnum hip implant.  Moore’s orthopedic surgeon had to remove the Magnum hip and cut out the surrounding hip tissue because of the extensive physical damage left behind.

Robert Quinn’s Biomet Magnum hip implant caused metallosis, which is a type of metal poisoning commonly caused by metal on metal hip implants. When Mr. Quinn’s surgeon opened the hip area, he found significant amounts of metal debris and fluid surrounding the hip muscle and tissues.  As with both Mr. Bloom and Mr. Moore, Mr. Quinn also suffered from a long and difficult recovery because of the Biomet Magnum hip implant.

All three patients are represented by the attorneys at Maglio Christopher & Toale, P.A., in partnership with the Nash & Franciskato Law Firm. Unfortunately, there are tens of thousands of other Biomet metal on metal hip patients across the US who may not know their implant could be a ticking time-bomb. Worse still, these victims are probably also unaware of the suspicious methods Biomet used to market and sell this defective hip.

Using a Loophole to Avoid Safety Testing of Biomet Magnum Hips

In 2004, Biomet began selling the Magnum hip to patients in the United States.  One of the defendants in the suit, John Cuckler, M.D., an orthopedic surgeon, worked with Biomet for years to design the Magnum hip implant.  Their design was based on similar metal on metal hips from the 1970’s that failed miserably in large part because of metal poisoning. Despite knowing how dangerous metal on metal hips are, the lawsuit indicates that Biomet and Dr. Cuckler used a loophole in the FDA’s approval process to rush the Magnum to the market without ever once being tested in human beings to make sure it was safe.

Secret Marketing Campaign to Boost Biomet Magnum Hip Sales and Profits

The complaint filed by Maglio Christopher & Toale, P.A. states that Biomet and Dr. Cuckler then conducted a secret marketing campaign for the Magnum hip in exchange for millions of dollars in payment.

Around the time the Magnum went on the market, Dr. Cuckler began making speeches and writing scholarly articles promoting the Magnum hip replacement and the safety of metal on metal hip implants.  At the same time, Biomet was paying Cuckler a percentage of all Magnum implant sales but did NOT disclose this information to patients or in the articles he wrote for the orthopedic community.

The more Cuckler promoted the Magnum, the more money he could earn from Biomet. This type of financial relationship creates an obvious conflict of interest because it can prioritize sales over safety.   This financial relationship between Biomet and Cuckler helped trigger an investigation by the US Department of Justice.  That investigation actually resulted in criminal charges against Biomet for these types of financial agreements with the medical community.  In an effort to avoid convictions on those charges, Biomet entered what was called a “deferred prosecution agreement” with the government.

The attorneys at Maglio Christopher & Toale, P.A. are the only lawyers in the country who have questioned Dr. John Cuckler under oath about the Biomet Magnum hips.  Likewise, they are the only attorneys in the country who have questioned Biomet under oath regarding their metal on metal hips and the “deferred prosecution agreement.”

Multiple Trials Set for Biomet Hip Lawsuits by Maglio Christopher & Toale, P.A.

Maglio Christopher & Toale, P.A. is scheduled for the first trial in the United States involving a Biomet metal on metal hip.  That trial date is in September 2018 in Ft. Lauderdale, Florida. Our attorneys have also filed lawsuits in multiple states across the country and are preparing for a series of trials against Biomet.

About Maglio Christopher & Toale, P.A.

Maglio Christopher & Toale, P.A. is a national medical product liability law firm with offices in Seattle, WA, Washington, DC, and Sarasota, FL.  Maglio Christopher & Toale, P.A. filed the first metal on metal (MoM) hip replacement lawsuit in the United States in 2008 and has been continuously litigating metal on metal hip replacement cases ever since.  The Firm is representing patients across the United States who have suffered the effects of heavy metal poisoning from Biomet M2a-38 and M2a-Magnum hip replacements.