Biomet M2a Hip Action Proceeds in Md. Federal Court on Design Defect Theory

BALTIMORE — A Maryland federal judge has allowed claims of design defect and failure to warn to proceed against Biomet in a M2a Magnum hip replacement action, ruling that plaintiffs’ experts have established questions of fact as to the device’s design and accompanying warnings.

However, in the Jan. 25 order, Judge Ellen L. Hollander of the U.S. District Court for the District of Maryland awarded Biomet summary judgment on the punitive damages claim, finding plaintiffs failed to present evidence that the manufacturer knew the Magnum device was defective when it left its control.

Joanna McCoy was implanted with the Biomet …