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Biomet Hip Lawsuits News: Judge Denies Biomet Motion to Dismiss Lawsuit, Reports Rottenstein Law Group LLP
Date:9/3/2013

(PRWEB) September 03, 2013

A judge in Indiana federal district court denied a Biomet bid to throw out a lawsuit against the company on Aug. 28, according to court documents. The Rottenstein Law Group LLP encourages those interested in more information on Biomet hip side effects and lawsuits to visit its Biomet Hip Replacement Lawsuit Center.

Plaintiff Leslie Caccia alleges in the suit that his Biomet implant was faulty and caused him bone and tissue damage, necessitating corrective surgery, according to court documents. The lawsuit is one of nearly 600 Biomet M2a hip implant lawsuits pending in a federal consolidation of cases (In Re: Biomet M2a Magnum Hip Implant Products Liability Litigation; MDL-2391, U.S. District Court for the Northern District of Indiana).

Biomet asserted in its motion that federal law preempted Caccia from filing suit because a component of the implant was included in a clinical trial, according to the documents. Judge Robert Miller denied the claim, saying that it did not apply because Caccia was not involved in the trial.

“Biomet’s motion—whether an attempt to avoid responsibility or an honest bid for immunity from liability—is best denied, so that the company’s victim will be able to move forward in seeking compensations for his injuries,” said Rochelle Rottenstein, principal of the Rottenstein Law Group LLP.

The Biomet M2a Magnum implant is a widely-used metal-on-metal hip replacement device. The implant’s composition means it could cause problems when the metal components rub together and flake off cobalt and chromium ions into the implantee’s bloodstream, according to a safety communication from the United States Food and Drug Administration.* Other alleged side effects include chronic pain, a popping sound and a grinding sensation in the hip device.

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