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U.S. Judicial Panel on Multidistrict Litigation Hears Oral Arguments for Consolidating Biomet Lawsuits

By Rheingold Giuffra Ruffo & Plotkin LLP

By: George Mikhail

Plaintiffs in lawsuits against Biomet are seeking to consolidate 40 nationwide lawsuits into a MDL (multidistrict litigation). Cases against Biomet are claiming defects on faulty metal-on-metal hip implants. Oral arguments have been heard by the U.S. Judicial Panel on Multidistrict Litigation.

Biomet is against this consolidation claiming that it is not necessary given their record of solving or settling the lawsuits with speed and efficiency. The plaintiffs share a common complaint alleging that Biomet did not warn patients of the associated risks of the faulty hip implants releasing toxic metal particles in patients. Plaintiffs recommended the Northern District of California as the proper jurisdiction or the Southern District of New York as an alternative jurisdiction. While Biomet is against establishing a MDL, it chose the District of New Jersey or Southern District of New York as the proper jurisdiction.

The MDL panel typically takes two to three months to finalize its decision. Our firm has filed lawsuits for Biomet M2a metal-on-metal hip victims. Depending on the favorability of the court and judge chosen, we may continue to file cases in federal court or find other venues.

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