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BIOMET SEEKS JUDGEMENT, NEW TRIAL IN $3.5M IMPLANT SUIT
Biomet Inc. is asking an Iowa federal court to throw out a $3.5 million judgment against it in a trial alleging that one of its hip implants was unreasonably dangerous, saying the court should either grant it judgment or a new trial.
Lori and Willis Nicholson are part of a large multidistrict litigation against Biomet and other medical manufactures for defective hip implants. In a November verdict, the court agreed that the Biomet M2a Magnus hip implant shed microscopic particles into Lori Nicholson’s bloodstream, in which the jury then awarded $3.5 million in damages.
According to Biomet, the company wanted to introduce its own evidence specific to the M2a—the hip implant currently under investigation– that it did not have the failure rate that the Nicholson’s and their expert witnesses implied. However, the court denied Biomet to introduce the evidence in a rebuttal against the plaintiffs. The company also claimed that the Nicholson’s focused on a slew of evidence after the sale, and that the injuries discussed by the jury were based on side effects that Lori Nicholson never experienced. The briefs aim to bolster Biomet’s motions in asking for a new trial or judgment as a matter of law.
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