Negligence, MPLA, Warranty Claims Dismissed from Mississippi Lanx Pedicle Screw Action

ABERDEEN, Miss. — A Mississippi federal judge has dismissed negligence, product liability act and warranty claims from a Lanx pedicle screw case, ruling that the plaintiff failed to explain how his device deviated from design and manufacturing specifications.

However, in the Dec. 23 order, Judge Sharion Aycock of the U.S. District Court for the Northern District of Mississippi ordered the parties to brief the issue of whether the plaintiff’s 510(k) clearance claims are federally preempted.

In 2011, Rocky Estes underwent spinal fusion surgery during which the Lanx Telluride Spinal Fixation System was implanted to fuse his L5-S1 vertebrae. Within five …