Biomet Denied Early Wins In Metal Hip Replacements MDL

Law360 (February 9, 2018, 9:48 PM EST) -- An Indiana federal judge on Thursday rejected two "head-scratching" bids by Biomet to dismiss certain claims in multidistrict litigation over metal-on-metal hip replacements that allegedly were faulty and could increase patients’ risk of metallosis, a type of metal poisoning.

U.S. District Judge Robert L. Miller Jr. denied requests for summary judgment on allegations in jurisdictions that acknowledge state-of-the-art defenses and on allegations that involve Taper, ReCap or metal-on-polyethylene devices. The court said familiarizing itself with state-of-the-art law in 19 states would “indefensibly slow” the litigation, and found that plaintiffs’ experts sufficiently argued that Taper, ReCap and metal-on-polyethylene devices were defectively designed....

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