Biomet fails to convince an Indiana federal judge that federal preemption laws protect the company against personal injury lawsuits over its metal-on-metal M2A hip.
Biomet will go to bat over its M2A-magnum metal-on-metal hip implants after failing to convince an Indiana federal judge that a personal injury lawsuit was preempted by FDA rules.
The plaintiff, Leslie Caccia, sued Biomet for a supposedly defective metal-on-metal hip implant in what is now part of a larger multi-district litigation. Biomet argued that the case qualifies for preemption, a controversial rule that protects manufacturers from tort claims surrounding FDA-cleared products.