Biomet Hip Implant Products Liability Litigation

2013 WL 1729682 (2013)

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Biomet Hip Implant Products Liability Litigation

United States District Court for the Northern District of Indiana
2013 WL 1729682 (2013)

RW

Facts

Hundreds of consumers formed a steering committee (plaintiffs) to represent them in a federal products-liability action against Biomet (defendant), the manufacturer of artificial-hip implants that the consumers alleged were defective. Biomet’s electronically stored information (ESI) comprised over 19 million documents that were potentially responsive to the steering committee’s electronic-discovery (e-discovery) request. Biomet’s keyword searches reduced that document universe to a pool of approximately two million documents. Biomet planned to strain that pool using predictive coding. Statistical sampling indicated that Biomet’s plan was 99 percent certain to further reduce the responsive ESI to no more than a half-million documents and to overlook no more than a quarter-million responsive documents. The steering committee contended that the two-million-document pool was tainted by the initial keyword searches and moved for a court order directing Biomet to run predictive coding against the original universe of 19 million documents. By this time, Biomet already had spent over one million dollars on e-discovery and anticipated doubling or tripling that amount.

Rule of Law

Issue

Holding and Reasoning (Miller, J.)

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