STORY FROM: Drugs & Medical Devices
Iowa Federal Judge Addresses Motions to Strike Affirmative Defenses in Biomet Hip Case
January 29, 2019
DES MOINES, Iowa — An Iowa federal judge has denied in part plaintiffs’ motion to strike various affirmative defenses asserted in a M2a Magnum Hip System case, ruling that Biomet may argue that the claims are barred by the Restatement (Second) and (Third) of Torts, its compliance with industry standards, plaintiffs’ assumption of risk as to product liability, and preemption.
However, in the Jan. 28 order, Judge C.J. Williams of the U.S. District Court for the Northern District of Iowa struck Biomet’s defenses to the extent they seek to attribute fault to non-parties, and its privity defense as to the ...
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