Biomet's preemption bid fails, company proceeds to trial over metal hips
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.