Biomet Denied Summary Judgment on Preservation Issue in Ind. Federal 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 it is unclear at this stage whether the plaintiff’s failure to preserve her explanted device warrants such a sanction.

On Aug. 7, Judge Robert L. Miller Jr. of the U.S. District Court for the Northern District of Indiana said the record does not reveal whether the plaintiff and her attorney were the only ones at fault for failing to obtain, preserve and test the hip device.

On Oct. 2, 2012, the Judicial Panel on Multidistrict Litigation …