11th Circuit Affirms Exclusion of Metallurgist in Hip Replacement Case

MIAMI - A federal appeals court has affirmed an order excluding testimony by a metallurgist in a hip replacement case, agreeing with the lower court that the expert's "particle ejection theory" offered to explain the prosthesis' failure was untested and not subject to any peer review. Sumner, et ux. v. Biomet Inc., No. 11-10280 (11th Cir.).

The 11th Circuit also affirmed summary judgment for Biomet Inc. in its July 15 unpublished opinion, saying that without the expert's testimony there is no evidence of a defect.

Elizabeth Sumner underwent right hip replacement surgery in July 2006, during which a Biomet metal-on-metal …