Ala. Federal Judge Dismisses Biomet Hip Case, But Allows Plaintiff Leave to Cure Pleading Deficiencies

MONTGOMERY, Ala. — An Alabama federal magistrate judge has dismissed without prejudice a product liability action filed against Biomet Inc. in connection with its fracture stem, finding the plaintiff’s factual allegations do not allow a reasonable inference that the manufacturer is liable for the harm she has allegedly suffered.

However, in a Dec. 4 order, Chief Magistrate Judge Susan R. Walker of the U.S. District Court for the Middle District of Alabama allowed the plaintiff to amend her complaint to cure the pleading deficiencies, noting the allegations do not clearly establish that Biomet may prevail on its statute of limitations …