Biomet M2a-Taper Hip Action to Proceed in Iowa Federal Court on Design Defect Theory

CEDAR RAPIDS, Iowa — An Iowa federal magistrate judge has denied in part Biomet Inc.’s motion for summary judgment in an M2a-Taper hip action, finding there is a question of fact as to whether the plaintiff’s left hip failure was caused by infection or a defective hip replacement device.

However, in the June 22 order, Chief Magistrate Judge Kelly K.E. Mahoney of the U.S. District Court for the Northern District of Iowa found the plaintiff failed to establish that the device in his right hip was defective.

The judge also awarded Biomet summary judgment on the plaintiff’s failure-to-warn claims, …