Biomet hip implant lawsuits to reach trial in 2015, judge says

Lawsuits over failed metal-on-metal hip implants made by Biomet Inc. will reach a jury trial in 2015 in front of U.S. District Judge Robert Miller.
The number of Biomet lawsuits in front of Judge Miller now stands at approximately 800, a two-fold increase from earlier this year. Miller, who is based in South Bend, presides over a consolidated federal legal proceeding called Multi District Litigation 2391, In Re: Biomet M2a Magnum Hip Implant Products Liability Litigation. The cases involve the Biomet M2a Magnum, and other metal-on-metal hip devices made by Biomet. The litigation is similar to cases involving other metal hips such as the DePuy ASR, DePuy Pinnacle, Zimmer Durom, Smith & Nephew BHR, and Stryker Rejuvenate.
Metal on Metal Hip Implant
Under the orders signed by Judge Miller this week, lawyers for the defendants and plaintiffs each will nominate five cases out of the 800 lawsuits to be considered for jury trials. These cases are called “bellwethers” because resolving them in front of a jury will give both sides a sense of how a jury might react to the larger pool of cases. Here is what Judge Miller wrote about the bellwether process:
“I assume that when we get to the point of selecting cases for bellwether trials, we will focus on cases that either are representative of all the cases (not one of the stronger ones for one side) or involve a feature (such as a patient’s age or medical history) that will allow evaluation of a significant subset of the docket. To help things remain that way, I will select any replacement cases for bellwether trial purposes.”
You can download a copy of Judge Miller’s scheduling order by clicking here. The order calls for dozens of depositions to take place between now and May 2014, including key engineers and scientists from Biomet who designed the company’s metal-on-metal hip implants. The bellwether plaintiffs will be selected in late July, and rulings on evidence and other matters will be made in late 2014 and early 2015. The first of the five trials is expected to start in June 2015.
If you or a loved one have been injured by a defective metal-on-metal hip made by Biomet or another company, contact Attorney Alex Davis for a free case evaluation, or send an email to alex@jonesward.com.