Judge Says Sales Rep Can Be Held Liable in State Court


(August 3, 2017) A Federal Judge says a Missouri man injured by a defective M2a Magnum hip replacement can sue a sales representative who was present at his surgery.  The judge removed the case from an Indiana Multi-District Litigation (MDL) and sent it back to a Missouri state court for trial.

Biomet claimed the sales representative, Jake Weible, could not be held liable since he was just a seller in the “stream of commerce.”  However, the Judge ruled that Weible could be held liable because he was in the operating room during the surgery, had a role in the installation of the implant, and didn’t warn the surgeon about the risks of metal shavings from the M2a.

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