STORY FROM: Drugs & Medical Devices

Engineer’s Expert Disclosure Insufficient, Colo. Federal Judge Rules in Shoulder Implant Case

DENVER — A Biomet design engineer’s expert disclosure served by Biomet in a shoulder implant case is deficient because it lacks a summary of facts and opinions to which the expert will testify, a Colorado federal magistrate judge has ruled.

In the Oct. 23 order, Magistrate Nina Y. Wang explained that Biomet cannot satisfy its obligations “by merely pointing to large swaths of information, like general references to otherwise unidentified testimony and documentation regarding the FDA’s 510k clearance process. However, the judge allowed Biomet to serve supplemental expert disclosures as to the expert.

In September 2009, Alonso Alarid underwent shoulder ...

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