A federal judge in Missouri has signed off on a $21 million judgment against Zimmer Biomet (NYSE:ZBH) involving the company’s much-litigated M2a Magnum metal-on-metal hip implant.
U.S. District Judge Stephen R. Clark’s sign-off yesterday of the award — $20 million to Mary Bayes and $1 million to her husband Philip Bayes — came a day after a federal jury in Iowa awarded $3.55 million to Lori Nicholson and her husband Willis for injuries sustained as a result of the M2A Magnum.
Zimmer Biomet in statements shared via email to MassDevice said that company officials were “disappointed in the inconsistent jury verdict” in the Missouri case and that the Iowa jury’s verdict was “contrary to the evidence presented at trial.”
The company plans to appeal both cases. “The M2a hip implant has helped thousands of patients successfully regain their mobility. … Our commitment to patient safety, quality, and integrity shapes every decision that we make, and we will continue to strive for our mission of alleviating pain and improving quality of life for people around the world.”
Metal-on-metal implants have been one of the notable medical device industry failures of the early 21st century. The hip implants were supposed to be stronger and more durable, but they instead were plagued by higher failure rates and potential exposure to toxins from metal particles released by friction.
The FDA in 2016 mandated PMAs for metal-on-metal hip implants, and there are presently no FDA-approved metal-on-metal total hip replacement devices marketed in the U.S.
Many of the lawsuits involving Zimmer Biomet’s M2a have been consolidated into multi-district litigation in federal court in Northern Indiana.