Negligence, Strict Liability Claims to Proceed in Nev. Howmedica Knee Replacement Action
September 19, 2016
DOCUMENTS
- Order
RENO, Nev. — A Nevada federal judge has denied Howmedica summary judgment on negligence and strict liability claims brought by a man who lost his leg after being implanted with a knee replacement device, finding questions of fact exist as to whether the device was defectively designed and manufactured.
However, in the Sept. 12 order, Chief Judge Gloria M. Navarro of the U.S. District Court for the District of Nevada awarded Howmedica summary judgment on the plaintiff’s failure-to-warn claim, ruling it is barred by the learned intermediary doctrine.
Christopher Finnerty was diagnosed with clear cell chondrosarcoma in his left …
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