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 M2a “38” metal on metal hip implant, as well. The M2a 38 was a “predicate” device for the Magnum. This means that Biomet told the FDA the Magnum and 38 are “substantially equivalent” devices.