First Conference Scheduled in Biomet Hip Lawsuit MDL
A couple weeks after all Biomet hip lawsuits pending in federal court were consolidated into a multidistrict litigation (“MDL”) and transferred to the U.S. District Court for the Northern District of Indiana, the judge handling all proceedings set a date for its first status conference.
On Oct. 12, Judge Robert L. Miller issued a case management order scheduling the first status conference for Nov. 16 in the recently coordinated Biomet M2a Magnum hip implant proceedings. As part of that order, he announced his plan to appoint a plaintiffs’ steering committee, liaison counsel as well as coordinate other organizational measures should they be become appropriate.
In the meantime, Judge Miller assigned an interim liaison counsel for plaintiffs, as well as an interim liaison counsel for defendants.
The initial Transfer Order was issued Oct. 2 by a group of federal judges known as the U.S. Judicial Panel on Multidistrict Litigation (JPML). At that time, eight Biomet hip lawsuits were pending in six federal jurisdictions, with another 57 potential claims pending.
The order to consolidate the lawsuits in this MDL came at the request to do so by two plaintiffs who similarly allege that the metal-on-metal Biomet hip implant is prone to discharging metal debris into the patient’s bloodstream and causing serious health complications.
Plaintiffs also allege that the manufacturer of the Biomet M2a magnum hip implants has known about the problems with the hip replacement device, which include early failure, pain, swelling and even metal ion poisoning, also known as metallosis, for several years, but hid them from doctors who unknowingly used them on patients.
The Biomet M2a Magnum hip implant has been one of many metal-on-metal hip replacement devices linked to acetabular cup loosening, chronic pain, metallosis, bone loss, the development of pseudo tumors and more, according to the U.S. Food and Drug Administration (FDA).