A case against Zimmer Biomet and its M2a metal-on-metal hip device is continuing after a judge ruled the prosecutors could go after punitive damages, according to The Legal Examiner.
Here are three points:
1. The prosecutors proved Zimmer Biomet was aware of the problems with its hip devices that injured three patients in Florida.
2. In a statement to the court, the judge said, "I think there is sufficient showing at this time regarding the knowledge [Zimmer] Biomet had regarding the toxicity of the… metal on metal, that they alleged... the damage as far back as 1995," according to The Legal Examiner report.
3. In previous metal on metal hip trials, juries have awarded the prosecution anywhere from $168 million to $1 billion in punitive damages against the device manufacturers. Some device manufactures in previous cases include Johnson & Johnson and DePuy Synthes.