(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 that 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.

Biomet M2a Magnum Hip Replacements, Metal on Metal Hip Recalls Judge Says Sales Rep Can Be Held Liable in State Court