Babcock v. Biomet Orthopedics LLC

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION MARSHALL BABCOCK, JR, et al., ) ) Plaintiffs ) vs. ) Case No. 3:14-CV-200 RLM-MGG ) BIOMET ORTHOPEDICS, LLC, et al., ) ) Defendants ) OPINION AND ORDER Biomet moved for summary judgment in this case contending that it is entitled to judgment on the merits as a sanction for the plaintiffs’ failure to preserve the M2a device that was removed during Mr. Babcock’s revision surgery in December 2013. For the following reasons, I am denying that motion. Summary judgment is only appropriate if the pleadings,…