Biomet M2a Magnum Hip Action Proceeds to Trial on Design Defect Theory

ST. LOUIS — A Missouri federal judge has denied Biomet Inc. summary judgment in a M2a Magnum hip implant case that has been set for trial, ruling that expert testimony created a genuine dispute of fact as to whether the plaintiffs’ injuries were caused by a design defect in the M2a Magnum.

However, in the Aug. 28 order, Judge Stephen R. Clark of the U.S. District Court for the Eastern District of Missouri dismissed the plaintiffs’ failure-to-warn claims, ruling that they failed to plead causation because the implanting surgeon testified that he never read the device’s Instructions for Use.