Defense Motion to Dismiss Biomet Hip Lawsuit Denied in Federal Litigation
A defense motion to dismiss a Biomet hip lawsuit from the Indiana federal litigation has been denied by the federal judge overseeing the proceeding, who ruled against the company’s argument that the case qualified for preemption, a rule protecting manufacturers from personal injury claims involving products cleared by the FDA, court records indicate.
According to an Opinion and Order dated August 21st, Biomet did not qualify for preemptive rules due to the fact that even though the M2a Magnum metal-on-metal implant had been approved by the U.S. Food and Drug Administration (FDA) for investigative purposes, the plaintiff in the Biomet hip lawsuit in question was not a participant in the study that involved the metal hip. Therefore, the company may still be held liable for injuries allegedly caused by its product used outside the investigation.
The plaintiff in this Biomet hip replacement lawsuit allegedly suffered bone loss and tissue damage that forced him to undergo several revision surgeries to remove the implant, according to claims.
“I’m not persuaded that a manufacturer that obtains IDE status for a device to be used in a controlled investigational setting is, during the time the study is being conducted, exempt from liability for use of that device outside the clinical trial,” the federal judge said in the court order. (In re: Biomet M2a Magnum Hip Implant Products Liability Litigation – MDL No. 2391)
600 Biomet Hip Lawsuit Claims Filed in Federal Indiana Litigation
As of August 2013, nearly 600 lawsuits had been filed in the federal Biomet hip replacement litigation underway in the U.S. District Court, Northern District of Indiana. These claims allege the company failed to warn about the risk for its M2a Magnum implant to shed metallic debris into its recipient’s blood stream, which may result in symptoms associated with metallosis (metal ion poisoning). On January 17, 2013, the FDA recommended that individuals not only implanted with the Biomet M2a Magnum metal-on-metal hip, but similarly designed devices as well seek routine blood testing to monitor for early hip failure complications.
Did You Receive the Biomet Hip Replacement? File a Lawsuit Today.
If you were injured as a result of the Biomet M2a Magnum metal-on-metal hip, you may be eligible to file a Biomet hip lawsuit. Claims against the manufacturer seek compensation for lost wages, medical expenses, pain and suffering and other damages incurred by the patient’s injuries. Call the Firm for more information at (877) 779-1414.