Biomet Hip Action Untimely Under Statute of Repose, Ind. Appellate Court Rules

INDIANAPOLIS — A Biomet hip implant action is untimely under the Indiana statute of repose because the plaintiff waited 18 years after his initial surgery to file suit, the Indiana Court of Appeals has affirmed.

In a March 11 opinion, the appellate court found the lower court did not abuse its discretion in ruling that the Uniform Judicial Notice of Foreign Law Act (UJNFLA) barred the plaintiff from, for the first time, seeking to apply Alabama law in his opposition to Biomet’s motion for summary judgment.

Alabama resident Richard Shaling was implanted with a Biomet metal-on-metal system in his left …