STORY FROM: Hip & Knee Implant Litigation

Biomet Magnum Hip Lawsuit Time-Barred Under Ohio Law, Ind. Federal Judge Rules

SOUTH BEND, Ind. — A lawsuit filed against Biomet in connection with its Magnum hip implant is time-barred under Ohio’s two-year statute of limitations because the plaintiff failed to file suit within the limitations period, an Indiana federal judge has ruled.

In a Dec. 14 order, Judge Robert L. Miller of the U.S. District Court for the Northern District of Indiana said the plaintiff knew, or should have known, by May 2015 that his infection was related to the hip implant, yet he waited until July 2017 to file suit.

Ohio resident James Smith was implanted with a Biomet M2a ...

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