Bellwether Trials in Biomet Hip Lawsuit Litigation Could Begin in Late 2014, Defense Proposal Suggests
The process for scheduling bellwether trials in the federal Biomet hip lawsuit litigation is now underway, and could begin as early as 2014, according to proposals recently submitted by parties involved in the proceeding.
Court documents from this month show that Plaintiffs’ attorneys recently submitted a proposal that would allow the first bellwether cases to head to trial in March 2016, while lawyers for the Defense are aiming for start dates at the end of next year. (In re: Biomet M2a Magnum Hip Implant Products Liability Litigation – MDL No. 2391)
Selected to serve as bellwether trials in this proceeding, which is now underway in the U.S. District Court, Northern District of Indiana, will be cases involving the Biomet M2a Magnum hip replacement, a metal-on-metal hip implant associated with premature failure rates and complications requiring revision surgery. According to a recent update from the U.S. Judicial Panel on Multidistrict Litigation (JPML), a total of 780 Biomet hip replacement lawsuits were pending in the federal proceeding as of November 18th.
Plaintiffs involved in claims over the Biomet M2a Magnum metal-on-metal hip allege that it was designed defectively by the manufacturer, given its potential to cause complications. Because the components of the device may fret and corrode, cobalt and chromium debris may shed into the recipient’s blood stream, heightening the risk for injury, according to lawsuits.
FDA Proposes New Regulations as Biomet Hip Lawsuit Litigation Grows
Earlier in 2013, the U.S. Food and Drug Administration (FDA) honed their attention in on devices similarly designed to the Biomet M2a Magnum hip when it proposed new regulations that would restructure their approval process. According to a proposal issued in January, new metal hips would be required to undergo rigorous safety testing prior to entering the market, while manufacturers of metal-on-metal devices would be ordered to submit detailed safety data to the agency in order for their products to remain on sale.
This would make this class of medical devices ineligible to receive clearance through the FDA’s 510(k) process.
Filing a Biomet Hip Lawsuit
If you received the Biomet M2a Magnum hip replacement, you may now be experiencing complications from this metal-on-metal implant that could indicate premature failure. Call an attorney to learn about your legal rights at (877) 779-1414.