N.C. Courts Should Decide Whether 7 Biomet Hip Cases Were Timely, Ind. Federal Judge Rules

SOUTH BEND, Ind. — The judge overseeing the M2a Magnum Hip multidistrict litigation docket has denied Biomet’s motion for summary judgment on statute of repose grounds in seven cases, ruling that a North Carolina court should decide the issue because it potentially presents questions of first impression.

In a Jan. 3 order, Judge Robert L. Miller Jr. deferred the questions of whether there is a “latent disease” exception to the applicable statute of repose, and whether a 2009 amendment extended the statute of repose on the plaintiffs’ claims

In each of the seven cases, Wohlleber, Clifford, Chapman, Hughes, Little, …