Denver Attorneys Gregory A. Hall and Jennifer Bisset obtained a $350,000 final judgment in Alarid v. Biomet, Inc. et al. Civil Action No. 14-CV-02667-REB-NYW, filed in the Colorado U.S. District Court.
Plaintiff’s product liability claim was based on the failure of two Biomet Comprehensive® Reverse Shoulder Implants that Plaintiff had in each shoulder. The same metal component in both implants, the humeral tray, broke due to fatigue failure of the tray. The humeral tray snapped off at the connection to the humeral stem, necessitating revision surgery on both shoulders. Plaintiff alleged that Biomet defectively designed the humeral tray seen below.
Plaintiff alleged that his defectively designed humeral trays caused both of his shoulder implants to fail prematurely, necessitating revision surgery on both shoulders. The Court entered its Judgment on February 5, 2016. Plaintiff’s theory of the case was that:
(1) Biomet failed to develop and carry out testing of the humeral tray within appropriate engineering standards prior to taking the product to market.
(2) Biomet failed to recall the 44mm humeral tray in the ‘standard’ size even though it had received notification that the humeral tray was failing as early as 2010.
(3) Biomet failed to develop and carry out testing within appropriate engineering standards, after the humeral tray began breaking in patients.
(4) Biomet demonstrated indifference to internally completed test results which showed the problems with deforming of the humeral tray under cyclic testing.
(5) Biomet decided to leave the product in the market place despite the known potential for failure of the humeral trays implanted in patients, necessitating revision surgery.
If you’ve had a shoulder implant fail prematurely you need to take measures to protect your rights. For example, it is very important that you take possession of the failed implant once it is removed. Often times the failed implant is destroyed, which then makes it almost impossible to prove your case. It is a good idea to put both the surgeon and hospital on written notice prior to your revision surgery that you want the failed implant for evidence. Contact Denver Personal Injury Lawyer Gregory A. Hall to discuss your product liability case.