Ky. Federal Judge Rejects Plaintiffs’ Expert Evidence in Synthes Bone Screw Case

PADUCAH, Ky. — A Kentucky federal judge has awarded summary judgment to the makers of a Synthes bone screw, finding the plaintiffs failed to present admissible expert testimony that the device was defective.

On May 4, Judge Greg N. Stivers of the U.S. District Court for the Western District of Kentucky found the implanting surgeon was not qualified to testify that the bone screw was defective and that his opinion “was based less on a reasonable examination of facts and data than on personal speculation and surmise.”

William Whybark Jr. underwent surgery on Dec. 30, 2013, to correct an osteoarthritis …