Design Defect Claim Survives Summary Judgment Motion in Md. Federal Biomet Hip Case

BALTIMORE — A Maryland federal judge has allowed a design defect claim to proceed against Biomet in a hip replacement action, finding the plaintiff’s expert evidence is admissible and establishes a question of fact as to whether the device caused her to develop metallosis and infections, requiring revision surgery.

However, in the Sept. 30 order, Judge George J. Hazel of the U.S. District Court for the District of Maryland awarded Biomet summary judgment on the plaintiff’s failure-to-warn claims, ruling they are barred by the learned intermediary doctrine, and on the claims for fraudulent misrepresentation, breach of warranty and punitive damages.