Biomet Interpore Cross System Claims Time-Barred, Ill. Federal Judge Rules

CHICAGO — Claims brought against Biomet Microfixation LLC in connection with its Interpore Cross spinal fusion device are time-barred under Illinois law because the plaintiff became aware of the device’s alleged defects in 2005, but did not file suit until 2012.

On Nov. 18, Judge Sharon J. Coleman of the U.S. District Court for the Northern District of Illinois did, however, grant the plaintiff leave to amend his complaint to cure pleading defects.

In March 2002, Jerry Oechsle had a Biomet Open Interpore Cross titanium rod and screw system implanted as part of a post-lateral fusion spinal surgery. In 2005, …