Comment k Does Not Bar Manufacturing Defect Claim in Stryker Gamma 3 Nail Case, Pa. Federal Judge Says

PHILADELPHIA — Comment k does not bar a strict liability manufacturing defect claim asserted against Stryker in a case involving its Gamma 3 Nail System, a Pennsylvania federal judge has ruled, predicting that the state high court would rule the same.

On April 27, Judge Wendy Beetlestone of the U.S. District Court for the Eastern District of Pennsylvania further ruled that the plaintiffs adequately pled their strict liability manufacturing defect claim, as well as their claim for breach of implied warranty of merchantability to the extent it asserts a manufacturing defect.

However, the judge dismissed plaintiffs’ negligence claims, finding they …