STORY FROM: Drugs & Medical Devices

Ind. Federal Judge Denies Biomet’s Motion for Summary Judgment in M2a Hip Case

SOUTH BEND, Ind. — An Indiana federal judge has denied Biomet Orthopedics LLC’s motion for summary judgment in an M2a-Magnum hip case, ruling that the plaintiff’s failure to preserve his explanted device may not warrant such a sanction if the evidence reveals that his actions were not unreasonable.

On Aug. 8, Judge Robert L. Miller Jr. of the U.S. District Court for the Northern District of Indiana said the limited record does not reveal whether the plaintiff and his attorney were the only ones at fault for failing to obtain and preserve the device.

On Oct. 2, 2012, the Judicial ...

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