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.