Biomet’s $3.65 Million Liability in Hip Implant Suit Upheld

Biomet Inc. failed to shake off a multi-million dollar verdict in favor of a woman whose hip-replacement device failed, after the Eighth Circuit Wednesday affirmed there was sufficient evidence to support a $2.5 million award of punitive damages.

Plaintiff Lori Nicholson introduced evidence that Biomet should have tested the M2a Magnum device before putting on the market, the US Court of Appeals for the Eighth Circuit said in an opinion written by Judge L. Steven Grasz. This was sufficient to meet Iowa’s punitives standard of “willful and wanton disregard for the rights or safety of another,” Grasz said.

The court ...