October 3, 2012 by MassDevice staff
The U.S. Judicial Panel on Multidistrict Litigation moved 65 pending cases from other jurisdictions to the U.S. District Court for Northern Indiana, over Biomet's objections.
The lawsuits allege that the medical device's metal-on-metal design is defective because it's prone to "generate high levels of metal ions, cause metallosis in the surrounding tissue and/or fail early," according to court documents.
Biomet wanted the trials relocated to New York or New Jersey, contending that "individualized, plaintiff-specific issues will predominate among the actions" and that "several distinguishing attributes make this litigation inappropriate for centralization," namely that the device hasn't been recalled, that several other cases have already been resolved and that the M2A device "has been comparatively less problematic than similar hip implant products of its competitors," according to the documents.
"Though these arguments have some weight, they are not strong enough to overcome the reasons supporting centralization," the JPML ruled. "Certainly, individual issues will be important at some point in these cases. However, a central issues in these cases may well be whether a common defect hasled to the injuries alleged."