5th Cir. Reinstates Contaminated Shoulder Implant Action Against Biomet
July 25, 2023
NEW ORLEANS — The 5th Circuit U.S. Court of Appeals has reinstated an action in which a Louisiana man alleges he developed a serious infection in his shoulder caused by improperly cleaned Biomet prosthetic components, ruling that a jury should decide whether the claims were timely.
In a July 21 opinion, the appellate panel explained there are questions of fact as to whether the prescription period began in September 2019 when the plaintiff’s hospital notified him of Biomet’s poor cleaning process, or began when the device was surgically removed.
In December 2016, Andrew Bruno had shoulder surgery to implant …