Biomet Denied Summary Judgment on Product Liability Claims in Magnum Hip Case

  • Order

SOUTH BEND, Ind. — An Indiana federal judge has refused to award Biomet summary judgment on product liability and negligence claims in a Magnum M2a hip implant action, ruling that an issue of fact exists as to whether the action is timely under North Carolina law.

In a Dec. 14 order, Judge Robert L. Miller Jr. of the U.S. District Court for the Northern District of Indiana said it isn’t clear from the record whether the plaintiff should have been aware of his injuries in January 2013, when metal ion testing showed elevated levels of cobalt and he ran an …

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