Biomet Magnum Hip Lawyers Appointed to Leadership Roles in MDL

More than two dozen lawyers have been appointed to serve in various leadership positions in the federal multidistrict litigation (MDL) established for all Biomet M2A Magnum hip lawsuits filed in the federal court system.

These attorneys will take various actions throughout the litigation that will benefit all plaintiffs who filed a product liability lawsuit after experiencing problems with the Biomet metal-on-metal hip replacement system.

On October 2, the U.S. Judicial Panel on Multidistrict Litigation (JPML) ordered that all product liability lawsuits filed against Biomet in federal courts throughout the country that involve the M2A Magnum metal hip implant will be centralized for pretrial proceedings before U.S. District Judge Robert L. Miller, Jr. in the Northern District of Indiana.

Centralizing the litigation is designed to reduce duplicative discovery in dozens of cases, avoiding conflicting pretrial rulings from different judges and to serve the convenience of the parties, witnesses and Courts.

In an order (PDF) issued on December 5, Judge Miller established the organizational structure of the Plaintiffs’ Steering Committee (PSC) in the Biomet MDL, appointing 22 different attorneys to serve in various roles throughout the consolidated proceedings.

The Biomet Magnum hip lawyers selected for the PSC will conduct pretrial discovery that applies to multiple cases, examine witnesses and introduce evidence on behalf of all plaintiffs at hearings and perform other tasks during pretrial proceedings that may apply to all cases in the MDL.

Judge Miller appointed Thomas R. Anapol and W. Mark Lanier to serve as Co-Lead Counsel, with Robert T. Dassow and Frederick R. Hovde appointed to serve as Liason Counsel. In addition, another six lawyers were designated to serve on the Executive Committee of the PSC.

More Than 100 Biomet Hip Lawsuits Transferred to MDL

According to a Conditional Transfer Order (PDF) issued on December 11, more than 100 Biomet hip lawsuits have been transferred into the federal MDL during the first two months after it was established. In addition, as hip replacement lawyers file new product liability lawsuits over the Biomet Magnum M2A implant, they will be transferred to the U.S. District Court for the Northern District of Indiana for coordinated handling.

All of the lawsuits involve similar allegations that plaintiffs suffered complications caused by problems with the design of the Biomet M2A Magnum hip system, often involving the need for revision surgery within a few years after receiving the implant.

The Biomet M2A Magnum is a metal-on-metal hip replacement system, which has been linked to reports of loosening and early failure. The problems are allegedly caused by the release of metal debris as the metal parts rub against each other, resulting in metallosis or metal blood poisoning.

Biomet opposed the formation of the M2A Magnum hip MDL, arguing that the litigation would be dominated by the specific circumstances of each case and that the company had already been successful reaching settlement agreements in a number of Magnum hip lawsuits. However, the U.S. Judicial Panel on Multidistrict Litigation 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.