STORY FROM: Drugs & Medical Devices

Claims Arising From Howmedica’s CerviCore Study Time-Barred, Calif. Federal Judge Rules

SAN FRANCISCO — Personal injury and breach of contract claims asserted against Howmedica Osteonics Corp. in connection with a CerviCore human study are time-barred under California law because the plaintiffs were on notice of their claims by 2010, a federal judge has ruled.

However, in the Feb. 10 order, Judge Haywood S. Gilliam Jr. of the U.S. District Court for the Northern District of California granted plaintiffs leave to amend their complaint to plead facts sufficient to allow application of the discovery rule and/or equitable limitations doctrine.

Colleen Jaeger participated in a human study conducted by Howmedica in an effort ...

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