Zimmer Biomet (NYSE:ZBH) wants either a judgment or a new trial after a federal jury’s $3.55 million award in a metal-on-metal hip implant case.
The jury awarded the money to Lori Nicholson and her husband Willis in November for injuries sustained as a result of the M2A Magnum.
In a brief filed Feb. 12, Zimmer Biomet claimed that the court erred in allowing the Nicholsons’ lawyers to introduce general metal-on-metal post-sale evidence. “The court’s handling of post-sale evidence prejudiced Biomet by permitting plaintiff to build a case based on the medical industry’s current knowledge and understanding of the risks and benefits of metal-on-metal hip implants as a class”
The court also failed to accurately describe the law regarding reasonable alternative design, erred in allowing other evidence and opinions, applied Iowa law versus Indiana law for punitive damages, and should not have submitted punitive damages to the jury in the first place, according to Zimmer Biomet.
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.