Biomet Granted Summary Judgment in Hip Implant Suit

VALDOSTA, Ga. - A Georgia federal judge has granted Biomet Inc. summary judgment in a hip implant suit, ruling that the "particle ejection theory" presented by the plaintiff's only expert was not supported by a reliable methodology. Sumner v. Biomet Inc., No. 08-98 (M.D. Ga.).

On Nov. 16, Senior District Judge Hugh Lawson of the U.S. District Court for the Middle District of Virginia noted that the expert "never bothered to test the theory or publish anything about the theory."

Elizabeth Sumner underwent right hip replacement surgery in July 2006, which was performed by Dr. James Scott. During the surgery, …