Biomet M2a Hip Replacement Litigation Timeline

We get many calls asking for news on the Biomet M2a Litigation. The timeline below only applies to the legal work done by the attorneys at Maglio Christopher & Toale, P.A. on behalf of our clients. If you have questions about your Biomet metal on metal hip and how it relates to this litigation, please contact us at 888.952.5242 or complete the form at the bottom of this page.

6/13/18 – Punitive Damages Allowed-Biomet Knew of Metal Hip Flaws

A Florida judge allows the attorneys at Maglio Christopher & Toale, P.A. to go after punitive damages against Zimmer Biomet as part of three Florida residents’ lawsuit in Fort Lauderdale. Punitive damages are a type of financial punishment against a company for intentionally bad behavior or misconduct. The standard for punitive damages in civil court is similar to the standard in criminal court for manslaughter. In order to include punitive damages in their lawsuit, these …

2/21/18 – Biomet Leaders Forced into Depositions with MCT Law Attorneys

Maglio Christopher & Toale, P.A. is the only law firm in the country allowed to question Biomet representatives under oath about the connection between alleged unethical business practices and their M2a metal on metal hip implants. In a courtroom hearing, our legal team won the ability to force Biomet to sit for depositions.  During these interviews, top Biomet staff will have to answer our questions about giving financial kickbacks to the surgeons, including those who designed the …

1/31/18 – Documents Find Bad Quality Control at M2a Production Plant

Maglio Christopher & Toale, P.A., and its partner Nash & Franciskato are the ONLY law firms in the country to demand and get access to internal Biomet documents showing dangerous quality control issues at the plant where Biomet made the M2a Hips. Uncovering the Full FDA Inspection Report of Biomet’s Warsaw Facility In the fall of 2016, the FDA released a site inspection report of the Biomet facility in Warsaw, Indiana where all M2a metal on…

1/11/18 – MCT Law Forces Biomet to Produce Internal Sales Training

Losing patience with Biomet, the Court forces Biomet to produce its internal communications with its sales representatives and to explain what effort it actually took to find the requested communications.

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06/17 – Biomet Forced to Produce Documents with Electronic Search

In extensive arguments with Biomet, Maglio Christopher and Toale, P.A., convinced the court that Biomet’s search protocols for the MDL documents were so poor that they resulted in the production of a large number of useless and irrelevant documents. These only served to confuse the issues and make more difficult the job of proving Biomet’s bad conduct.  Scoring a critical victory, Biomet was forced to adopt new search protocols authored by Maglio Christopher & Toale, P.A …

4/16 – Court Forces Biomet to Produce Audio/Video Files in M2a Lawsuit

Upset that Biomet has seemingly sat on its hands for nearly a year, the court forced Biomet to produce to our clients all audio and video files responsive to the request. The court also warns Biomet to stop using its inferior production of documents in the MDL as an excuse to not produce documents to plaintiffs in state court.  The judge wrote in the order, “Biomet cannot utilize its ‘confusion’ or its production of discovery …

11/15 – Biomet Forced to Produce Documents on Old Version of M2a Magnum

As Maglio Christopher & Toale, P.A. turned up the heat on Biomet requesting documents related to their M2a metal on metal hips, Biomet fought back by adopting a “scorched earth” strategy of multiple objections to every single request for documents by our clients. In November 2015, a state court in Florida ruled for our clients and forced Biomet to produce documents relating not only to the M2a Magnum metal on metal hip implant but the …

7/14 – MCT Law Scores a Critical Victory for Biomet M2A Hip Plaintiffs

In the American court system, federal and state courts operate completely independently of each other.   Biomet’s victories up until this point all occurred in the Multi-District Litigation (MDL), which is part of the federal court system. Suspicious that the MDL may not be the best place to litigate our cases at this early stage of the fight against Biomet, Maglio Christopher & Toale, P.A. instead chose to file our clients’ cases in state court, out …

1/31/14 – Biomet Announced $56 Million Settlement for M2a Hips

The threat of a trial is typically a very strong bargaining chip to help sides reach a settlement in a case.   For plaintiffs, the bargaining chip is that a trial will ensure that bad behavior of the defendant becomes public and the company may end up having a large jury verdict against it. Without the documents to prove their claim though, Biomet recognized that the plaintiffs in the MDL were in a weak bargaining position.  …

4/18/13 – Biomet Hip MDL Plaintiffs Limits in Electronic Discovery

During the “discovery” phase of a case, the patients suing Biomet are allowed to request documents and depositions (interviews) from Biomet in order to “discover” evidence for their eventual trial.  Unfortunately, the plaintiffs (patients suing Biomet) in the MDL faced a huge setback in this process early on in this litigation. The Problem with the Biomet MDL Discovery Typically, documents will be produced in a case only after they are requested.  Especially when there is a lawsuit …

10/12/12 – Biomet Hip MDL is Created

In October of 2012, a federal judicial panel consolidated lawsuits across the United States involving the Biomet M2a Magnum hip replacements into one federal court.  This move created Multi-District Litigation (MDL) No. 2391. What is an MDL? The point of a multidistrict litigation (MDL) is to help a lot of similar cases efficiently handle pre-trial issues (such as evidence-gathering) that may be shared between the cases.  While they may seem alike at first glance, an MDL is NOT a class action lawsuit.  …

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It’s okay. We understand you’re still researching.
But there’s no cost or obligation to talk with our legal team. 

We promise to answer your questions directly and honestly with no pressure.