First Status Conference in Biomet Hip Replacement MDL Scheduled Nov. 16

Lawyers involved in federal lawsuits over the Biomet M2A Magnum hip replacement will be meeting with the judge presiding over the recently formed multidistrict litigation (MDL) for the first time on November 16, where they are expected to discuss the organization and structure for the consolidated pretrial proceedings.

On October 2, the U.S. Judicial Panel on Multidistrict Litigation (JPML) ordered that all product liability lawsuits filed in U.S. District Courts throughout the country against Biomet, over problems with their M2A Magnum metal-on-metal hip system, will be centralized in an MDL before U.S. District Judge Robert L. Miller, Jr. in the Northern District of Indiana.

At the time the Biomet hip replacement MDL was formed, there were about 63 complaints filed in the federal court system and it is expected that the number of lawsuits is expected to grow rapidly in the coming months and years.

All of the complaints involve similar allegations that the design of the Biomet Magnum metal-on-metal hip replacement allows the release of microscopic shavings of metal into into the body as the parts rub against each other, which may increase the risk of loosening or failure of the implant.

According to a Pretrial Order (PDF) issued on October 12, Judge Miller has scheduled an initial case management conference for November 16, 2012 at the Robert A. Grant Federal Courthouse in South Bend, Indiana.

At that time, it is expected that Judge Miller will appoint various attorneys to serve in leadership roles in the Biomet hip replacement litigation, performing certain functions throughout the pretrial proceedings that will benefit all plaintiffs that have brought a case.

Prior to the conference, the parties have been directed to each submit a written statement indicating their understanding of the facts involved in the litigation and critical legal issues that will be faced.

Judge Miller has indicated that he will seek input from the lawyers involved regarding potential challenges to expert witnesses, summary judgment motions, discovery issues and other matters, including when the parties believe negotiations may be helpful for a potential settlement of the Biomet M2A Magnum hip cases.

Biomet Hip MDL Joins Other Litigation Over Hip Replacement Problems

Consolidation of the Biomet hip replacement lawsuits into an MDL is designed to reduce duplicative discovery across a large number of cases, avoid conflicting pretrial rulings from different judges and to serve the convenience of the parties, witnesses and courts.

Biomet initially opposed the creation of a M2A Magnum MDL, arguing that it was not appropriate because the cases will be dominated by the specific circumstances of each case. The company also claimed that they have been successfully reaching settlement agreements in Magnum hip lawsuits or obtaining other resolutions for claims.

Following oral arguments before the U.S. JPML, it was determined that consolidation of the cases was appropriate.

At least three other MDLs have already been established for lawsuits over other metal-on-metal hip replacements that have been linked to similar problems, including the DePuy ASR hip, DePuy Pinnacle hip and Wright Conserve hip.

Lawsuits allege that a design defect causes the metal-on-metal hip replacements to release microscopic shavings of metal into the body, which can increase the risk of swelling, inflammation and premature failure of the artificial hip, often resulting in the need for revision surgery.