Maine Federal Judge Allows Fraud, Punitive Damages Claims to Proceed in M/L Taper Hip Action

AUGUSTA, Maine — A Maine federal judge has allowed a fraud claim to proceed in an M/L Taper hip action, finding the plaintiffs have adequately alleged that Zimmer Biomet Inc. was aware the device had a high incidence of fretting and chemical accumulation, yet failed to warn doctors and the public.

In adopting a magistrate judge’s report and recommendation, Judge Jon Levy of the U.S. District Court for the District of Maine granted Zimmer’s motion to dismiss plaintiffs’ negligence claim, but held that the fraud and punitive damages claims were adequately pled and therefore must go forward.

Janice Miller underwent …