STORY FROM: Drugs & Medical Devices
N.Y. Court Dismisses Claims in Hip Versys System Suit, Allows Plaintiff to Amend
August 29, 2016
NEW YORK –– A New York federal court has granted a defendant’s motion to dismiss certain claims asserted in a defective hip implant lawsuit, but did allow the plaintiff to amend the complaint, concluding that while it is skeptical that the plaintiff can properly plead the faulty claims, she should be given an opportunity to do so.
In the Aug. 26 opinion, the U.S. District Court for the Eastern District cautioned the plaintiff to “carefully scrutinize” whether to re-plead all of the dismissed claims.
The underlying claims arose out of Barbara Bruno’s total arthroplasty of her left hip, during which ...