Mo. Federal Judge Denies Biomet's Motion for Mistrial in Punitive Damages Phase of M2aMagnum Hip Trial

ST. LOUIS — Biomet Inc. has moved for a mistrial in the punitive damages phase of a trial involving its M2a Magnum hip implant, arguing that trying the second phase to a different jury due to the removal of one juror who was exposed to COVID-19 violated its 7th Amendment rights.

In a Nov. 18 motion filed in the U.S. District Court for the Eastern District of Missouri, Biomet had contended that under 7th Circuit law, “the right to a jury trial in federal civil cases, conferred by the 7th Amendment, is a right to have juriable issues determined by …