Biomet hip lawsuit claims pending in a federal multidistrict litigation now underway in U.S. District Court, Northern District of Indiana, continue to move forward, according to Bernstein Liebhard LLP. According to an order issued by the court May 5, the judge overseeing the federal Biomet hip replacement litigation has directed that depositions of Biomet employees take place in either South Bend or Fort Wayne. According to the order, both of these locations are significantly closer to Biomet’s Warsaw headquarters than any other venue considered by the court. All of the Biomet hip lawsuits pending in Indiana federal court allege the metal-on-metal design of the Biomet M2a Magnum can generate high levels of metal ions, leading to metallosis in the surrounding tissue and early failure of the device. According to court documents, the next case management conference in the litigation has been scheduled for Monday. The Biomet M2a Magnum and other metal-on-metal hip implants are currently the subject of a U.S. Food and Drug Administration safety review, according to the New York-based law firm. In January 2013, the agency warned that metal debris shed from such devices could accumulate at dangerous levels in the tissue surrounding the hip implant and in the blood stream. According to the FDA, this could lead to pain, swelling, metallosis, premature failure of the hip, and possibly even systemic reactions in other parts of the body. The FDA has advised that patients with all-metal hips undergo blood testing for elevated metal ion levels if they show signs of a failing hip implant. The FDA also has proposed a new rule which would preclude metal-on-metal hips from the agency’s 510 (k) clearance process, which the law firm says allowed devices like the Biomet M2a Magnum to come to market without first undergoing human clinical trials.
