STORY FROM: Drugs & Medical Devices

Ind. Federal Judge Refuses to Reconsider Award of Summary Judgment to Biomet

SOUTH BEND, Ind. — An Indiana federal judge has denied a plaintiff’s motion to reconsider an award of summary judgment to Biomet Orthopedics Inc. in a hip implant action, ruling that the plaintiff’s claims were untimely and that a reasonable investigation before the suit was filed would have revealed that Biomet was the manufacturer of the component that allegedly failed.

In a June 26 order, Judge Robert Miller Jr. of the U.S. District Court for the Northern District of Indiana concluded that the contra non valentem doctrine does not toll the prescription period because the plaintiff’s ignorance is attributable to ...

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Huber Slack Houghtaling Pandit & Thomas
LaDue Curran & Kuehn

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