Biomet's Motion For Mistrial Over Punitive Damages Denied

  • Hip Implant Medical Record Review & Outsourcing Services

On Wednesday, U.S. District Judge Stephen Clark of the U.S. District Court for the Eastern District of Missouri rejected Biomet Inc.'s motion for mistrial in the punitive damages phase of an M2a Magnum hip implant lawsuit, which the manufacturer had pushed for reconsideration after one juror contracted COVID-19.

According to the court documents, the punitive-damages phase concluded the same day. However, the verdict was not made publicly available.

The plaintiff involved in the lawsuit had both her hips replaced with Biomet's M2a Magnum in early 2008. The plaintiff started experiencing pain in her left hip in 2010, which resulted in her first revision surgery in March 2011. A lawsuit was filed in 2013, alleging that the hip implant was defective and the manufacturer should have known about it as the design was based on an earlier design, called the M2a Taper, which had allegedly caused problems previously.

The lawsuit went to trial last month, and a compensatory-damages verdict was concluded in favor of the plaintiff on October 22.

Following the verdict, attorneys representing the defendant asked the court to reconsider the compensatory-damages verdict, stating that one juror tested positive for the COVID-19 test during the earlier phase. The defendant again pushed for a mistrial on Wednesday, arguing that trying the second phase to a different jury after the removal of one juror violated the 7th Amendment rights.

The federal judge ruled against the defendant's motion for a continuance or mistrial, and the reasoning of the order was not promptly clear.

We are social:

Accreditations

NSIC - CRISIL

NSIC-CRISIL has assigned a "SE 2A" rating to Neural IT, indicating a company with High Performanc...

ISO 27001 Certification

Neural IT is officially ISO 27001:2013 (ISO 27001) certified by Alcumus ISOQAR Limited as the Cer...

HIPAA

Neural IT has successfully implemented HIPAA for securing Health records....

Associations

NYSTLA

NYSTLA - "Neural IT is proud to be associated with NYSTLA (New York State Trial Lawyers Associati...

CAOC

CAOC - "Neural IT is proud to be associated with CAOC (Consumer Attorneys of California) as a Ven...

CAALA

CAALA - "Neural IT is proud to be associated with CAALA (Consumer Attorneys Association of Los An...

News & Events

sharing-smiles-sharing-happiness-on-national-smile-day-event-neural-it
Amidst the chaos of COVID-19 pandemic, we have something to cheer about as today is National Smile Day, and a smile is…
Happy Mother's Day from Neural IT
The cagey pandemic has halted our lives, but the only spirits that kept igniting during the crisis are the ones whom we…
Team Nerual IT Being Creative Remotely- image
Being quarantined doesn't stop one from being creative, but idleness does.

Latest Tweets