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Biomet Hip Lawsuit News: Bernstein Liebhard LLP Notes Federal Judge’s Refusal to Dismiss Biomet Hip Replacement Claim on Pre-Emption Grounds

New York, New York (PRWEB) August 26, 2013

The federal judge overseeing the Biomet hip replacement ( litigation in U.S. District Court, Northern District of Indiana, has denied a defense motion to dismiss one claim pending in that proceeding on pre-emption grounds, Bernstein Liebhard LLP reports. According to an Opinion and Order dated August 21, 2013, U.S. District Judge Robert Miller, Jr. disagreed with the assertion put forth by the defense that the Biomet hip lawsuit was barred merely because the U.S. Food & Drug Administration (FDA) had approved the M2a Magnum hip for use in a clinical investigation, as the Plaintiff was not enrolled as a participant in that study. (In re: Biomet M2a Magnum Hip Implant Products Liability Litigation – MDL No. 2391)

“Our Firm is already representing a number of Biomet hip replacement clients, some of whom have undergone revision surgery due to complications allegedly related to the metal-on-metal design of the M2a Magnum hip. We are pleased to see this litigation moving forward,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is offering free and confidential Biomet hip lawsuit evaluations to individuals who may have been injured by an M2a Magnum hip.

Biomet Hip Lawsuit
Court records indicate that close to 600 Biomet hip lawsuits have been filed in the multidistrict litigation underway in the Northern District of Indiana. All of the claims allege that the M2a Magnum hip can shed dangerous amounts of metal debris due to wear of its metal components, leading to metallosis, chronic pain, premature failure, and other serious complications that may necessitate painful and risky surgery to replace the device.

The FDA has been investigating metal-on-metal hips, like the Biomet M2a Magnum, since February 2011, amid a growing body of evidence indicating that such implants were associated with higher rates of premature failure and revision surgery compared to other types of artificial hips. On January 17, 2013, the FDA advised recipients of metal-on-metal hip implants to undergo metal ion blood testing if they were experiencing symptoms of hip failure. The agency also announced that it had proposed new regulations that, if adopted, would subject all-metal implants to greater regulatory scrutiny.

Biomet M2a Magnum recipients who suffered serious complications, including metallosis, chronic pain, or early failure of the implant, may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages. Learn More about fling a Biomet hip lawsuit at Bernstein Liebhard LLP’s website. For additional information and a free case review, please call one our attorneys today at 800-511-5092.

About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 10 consecutive years.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016

ATTORNEY ADVERTISING. © 2013 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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