Biomet Denied Summary Judgment in M2a Magnum Hip MDL
February 9, 2018
HAMMOND, Ind. - The judge overseeing the federal M2a Magnum Hip docket has denied Biomet's motion for summary judgment without prejudice, ruling that the defendant's assertion of the state-of-the art defense is an issue for the transferor courts to decide post-remand since the defense is applicable in only certain states.
In a Feb. 8 order, Judge Robert L. Miller Jr. of the U.S. District Court for the Northern District of Indiana also refused to award Biomet summary judgment as to the remaining cases involving the Taper, ReCap, and metal-on-polyethylene hip devices, holding that plaintiffs' expert testimony creates a genuine issue …