Multidistrict litigation (MDL) against Biomet Inc. for its alleged metal-on-metal hip replacement failure will be moved to the Northern District of Indiana, the U.S. Judicial Panel on Multidistrict Litigation decided Tuesday. The move was intended to improve accessibility to documents and witnesses by virtue of the close proximity to Biomet headquarters.
The federal judicial panel, which formed MDL for four other metal-on-metal hip implants, sent cases about Biomet’s M2a Magnum hip implants to Judge Robert L. Miller Jr. The panel decided to centralize the litigation, “In re: Biomet M2A Magnum Hip Implant Products Liability Litigation, MDL number 2391,” because the lawsuits share similar factual questions about the design, marketing, manufacturing and performance of the device, as well as the possible cause of Biomet’s hip implant failure.
Thomas Anapol of the law firm Anapol Schwartz agrees the chosen location will make some aspects of the trial more convenient because of the company’s nearby headquarters. However, the familiarity of the company to the local population will make highly-skilled jury selection a top priority. “We have to look at everything very carefully,” Anapol said. “This is our clients’ one chance at getting their lives back on track. We’re leaving nothing to chance.”
Anapol went on to explain that jury selection is possibly the most important component of personal injury trials such as with hip implant lawsuits. Having a good understanding of jurors’ motivation to take one side or the other is essential to obtaining a favorable verdict. Anapol's goal for jury selection is to choose unbiased jurors who will consider all the important factors in a case.