Biomet MDL Judge Cites Illinois Distributor Statute in Denying Remand in Magnum Hip Case

SOUTH BEND, Ind. – The judge presiding over the Biomet Hip MDL has declined to remand an Illinois case that was removed to federal court on diversity grounds, saying the plaintiffs have not asserted viable claims against an in-state distributor.

U.S. District Judge Robert L. Miller Jr. said in his Dec. 10 opinion that the Illinois Distributor Statute precludes a strict liability claim brought by plaintiffs against T.L. Weis & Associates and company representative Adam Garcia, and the learned intermediary doctrine would bar claims for negligence.

Rochelle and Leonard Millman initially filed their action against the Weis defendants, Biomet Orthopedics …