Bruno v. Biomet, No. 22-30405 (5th Cir. 2023)
Annotate this Case
In this diversity case, Plaintiff sued Biomet Inc. and Zimmer, Inc. (collectively, “Biomet”) under the Louisiana Products Liability Act (“LPLA”). The district court found Plaintiff’s claims were prescribed and granted summary judgment in favor of Biomet.
The Fifth Circuit vacated the district court’s summary judgment order and remanded for further proceedings consistent with this opinion, including any additional discovery the district court may order. The court explained that given Plaintiff’s consultations with his doctor, a medical professional. But on the other hand, a jury could just as reasonably determine that contra non valentem tolled prescription until some point in time before September 2019. It is unclear whether Plaintiff stopped suffering complications from infections after the removal, such that his recovery after the device’s removal would have put him on notice of any fault of Biomet’s before the letter was received. As the record stands, when the prescriptive period expired, and whether contra non valentum applies, is a question best left for the jury.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.