STORY FROM: Drugs & Medical Devices
‘Sealed Container’ Doctrine Defeats Claims Against Nondiverse Distributor Defendants in Biomet Magnum Hip Action
February 23, 2016
SOUTH BEND, Ind. — An Indiana federal judge has denied a plaintiff’s motion to remand a Biomet M2a-Magnum hip implant case, ruling that Maryland’s “sealed container” doctrine defeats the claims against the nondiverse distributor defendants.
On Feb. 17, Judge Robert L. Miller Jr. of the U.S. District Court for the Northern District of Indiana found defendants have proven via affidavit that the doctrine, which relieves distributors of liability if the product was acquired and then sold in a sealed container or in an unaltered form, applies to all of the plaintiff’s claims against the distributors.
Anna Laughlin sued Biomet Orthopedics ...