$21 Million Verdict Against Biomet Over Defective Metal-on-Metal Hip Implant

Mary Bayes had bilateral hip replacements in early 2008 using Biomet's M2a-Magnum metal-on-metal prostheses. Within two years, her left hip began failing. Metal ions from the cobalt-chromium implant leached into surrounding tissue, causing severe bone degeneration and tissue necrosis. A revision surgery in March 2011 did not resolve the problem.

What followed was a years-long ordeal of seven additional surgeries. Recurring dislocations, 12 in total, left Bayes dependent on a fully constrained hip replacement that significantly limits normal mobility. Her husband Philip Bayes also brought a loss-of-consortium claim.

Bachus and Schanker attorneys Darin Schanker, J. Christopher Elliott, and Melanie Sulkin, co-counseling with local Missouri firms, took the case to trial in October 2020 before U.S. District Judge Stephen R. Clark. The trial lasted 13 days. The team argued Biomet knew of design defects carried over from its predecessor device, the M2a Taper, and proceeded anyway. The jury found Biomet liable on the negligent design claim and awarded $20 million to Mary and $1 million to Philip. Jurors declined to award punitive damages.

Biomet moved for judgment as a matter of law and for a new trial, arguing in part that the COVID-related partial participation of one juror violated the Seventh Amendment. Judge Clark denied all post-trial motions in August 2021, leaving the full $21 million verdict intact.

Biomet appealed to the Eighth Circuit, which affirmed the district court on December 14, 2022. A three-judge panel found no inconsistency in the verdict and rejected the argument that the damages award was excessive given the severity and duration of the plaintiff's injuries. The $21 million judgment was not reduced at any stage.