Richard Shaling v. BIOMET, INC.
24A-CT-00516
Ind. Ct. App.Mar 11, 2025Background
- Richard Shaling had a Biomet-manufactured metal-on-metal hip (M2 System) implanted in Alabama in 2001; Biomet is based in Indiana.
- In 2014, Shaling was diagnosed with leukemia and later found to have elevated metal ion levels in his blood, allegedly from the implant.
- After additional pain, medical testing, and revision surgeries in 2017, Shaling suffered serious injuries and disability.
- Shaling filed a products liability suit in Indiana in 2019, accusing Biomet of defective design and misrepresentation.
- Biomet moved for summary judgment, arguing the Indiana Products Liability Act’s (IPLA) statute of repose barred the action, and Shaling tried to assert Alabama law late in the litigation.
- The trial court granted summary judgment for Biomet, holding the action time-barred under Indiana law and rejecting Shaling's attempt to invoke Alabama law due to insufficient notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Alabama law applies | AL law should apply due to surgeries/location; notice sufficient | Late invocation unfair; notice insufficient | Indiana law applies; notice inadequate |
| Whether the IPLA statute of repose bars claim | Repose shouldn't bar latent disease cases (like asbestosis) | Repose bars claims after 10 years, except asbestos | Statute of repose bars the claim |
| Whether a latent disease exception exists | Exception should extend to other inherently dangerous exposures | Exception only applies to asbestos-related diseases | No such exception outside asbestos |
| Whether fraudulent concealment tolls repose | (Raised on appeal, not below) | Not raised in trial court; rejected by precedent | Argument waived and otherwise invalid |
Key Cases Cited
- Stegemoller v. ACandS, Inc., 767 N.E.2d 974 (Ind. 2002) (affirmed IPLA applies to products liability actions for defective products)
- Sword v. NKC Hosps., Inc., 714 N.E.2d 142 (Ind. 1999) (set standards for reasonable notice under UJNFLA for applying foreign law)
- Covalt v. Carey Canada, Inc., 543 N.E.2d 382 (Ind. 1989) (created limited asbestos exception to Indiana statute of repose)
- Estabrook v. Mazak Corp., 140 N.E.3d 830 (Ind. 2020) (discussed strict construction of IPLA repose with limited exceptions)