M2a Hip Plaintiffs Oppose Biomet’s Bid for Summary Judgment on Statute of Repose Issue

SOUTH BEND, Ind. — Plaintiffs in the M2a Magnum Hip Implant MDL argue that Biomet’s motions for summary judgment on statue of repose grounds is defeated by the exception for latent injury diseases because the manufacturer fraudulently concealed the dangers of metallosis.

In a May 25 opposition filed in the U.S. District Court for the Northern District of Indiana, plaintiffs argued that Biomet’s eight motions must be denied because plaintiffs’ injuries arise from latent defects in their metal-on-metal hip implant devices, and that those injuries manifested after years of device articulation.

North Carolina law contains an exception to the statute …