Blog - Medical Device

Posted on December 27, 2022 by Marty Aisenberg

Today’s case is Bayes v. Biomet, (8th Cir., No. 21-2964, 9/21/2022), a lawsuit against the manufacturer of a failed metal-on-metal hip replacement.  The trial court instructed the jury on two theories of recovery:  strict liability and negligent design.  The outcome was unusual – at least, it seems unusual to me.  As the Eighth Circuit Court of Appeals explained,

Posted on February 11, 2020 by Marty Aisenberg

Last April I wrote about the FDA’s decision to ban the use of surgical mesh devices for transvaginal repair of pelvic organ prolapse (“transvaginal mesh” or “pelvic mesh”).  Of course, because transvaginal mesh was used for that purpose for 14 years (2002-2016), the resulting litigation isn’t over yet.  The most recent case to come to my attention is Kaiser v.


2024 © Vident Partners.