STORY FROM: Hip & Knee Implant Litigation

Fraud, Negligence, Warranty Claims Dismissed in N.J. Federal Biomet Hip Case

TRENTON, N.J. — A New Jersey federal judge has dismissed claims of negligence, fraud and breach of implied warranty in a Biomet M2a Magnum hip device case, ruling that they are subsumed by the state’s products liability act.

In a July 2 order, Judge John M. Vazquez of the U.S. District Court for the District of New Jersey also dismissed the breach of express warranty claim as inadequately pled. The judge allowed the plaintiff to amend that claim within 30 days.

New Jersey resident Barbara Payne underwent hip replacement surgery in September 2006, during which her surgeon, Dr. Frank Femino, ...

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McCarter & English
Patterson Belknap Webb & Tyler
Rothenberg Rubenstein Berliner & Shinrod

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