MDL Court Considers Biomet's Motion to Dismiss Hip Implant Suit on Preemption Grounds

INDIANAPOLIS – The judge presiding over the Biomet M2a Magnum Hip Implant Products Liability MDL has taken under advisement a motion by Biomet to dismiss, on federal preemption grounds, a case in which the plaintiff underwent both resurfacing procedures and total hip replacements.

Attorneys for Biomet and plaintiff Leslie Caccia completed briefing in May on the preemption defense asserted by the defendant, and argued their respective positions to the U.S. District Court for the Northern District of Indiana June 17.

District Judge Robert L. Miller Jr. noted in a June 24 memorandum that argument took place following the latest case …