Statute of Repose Bars Biomet M2A-38 Hip Lawsuit, Ind. Federal Judge Rules

SOUTH BEND, Ind. — The statute of repose bars a lawsuit targeting Biomet’s M2A-38 hip replacement device because the plaintiff failed to present evidence that the statute was tolled by the company’s fraudulent concealment, an Indiana federal judge has ruled.

In a Sept. 7 order, Judge Robert L. Miller Jr. of the U.S. District Court for the Northern District of Indiana further found the plaintiff did not show that she suffered from a latent disease, like asbestos, or present other evidence that would support a tolling argument.

In March 2004, Debra Nunn underwent a right total hip arthroplasty in …