Ind. Federal Judge Remands Biomet M2a Hip Case, Says Distributors May be Liable for Failure to Warn

SOUTH BEND, Ind. — An Indiana federal judge has remanded a Biomet M2a-Magnum hip implant case to Louisiana state court, ruling that the plaintiffs may have viable failure-to-warn claims against the non-diverse distributor defendants.

On May 15, Judge Robert L. Miller Jr. of the U.S. District Court for the Northern District of Indiana found questions of fact as to whether the distributor defendants knew or should have known of the device’s alleged defects and whether the learned intermediary shields those defendants from liability.

Carol and Mary Marie filed the instant action in the Jefferson Parish District Court against Biomet …