Failure To Warn Claims Axed From Biomet Hip Implant Suit

Law360 (January 22, 2021, 11:02 PM EST) -- A Florida federal judge on Thursday cut failure to warn claims from a man's suit alleging he was injured by a Biomet Orthopedics hip implant but said the manufacturer must face design defect claims.

U.S. District Judge John E. Steele was not swayed by Biomet's argument that Mark Fitzsimmons' claim that his M2a Magnum hip implant was defectively designed was inadmissible because of a lack of expert testimony. Fitzsimmons retained a medical expert and an engineering expert who concluded that all of Biomet's metal-on-metal systems were defectively designed and that the M2a Magnum also had specific design defects, the judge said. The...

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