STORY FROM: Hip & Knee Implant Litigation

Smith & Nephew Awarded Summary Judgment in Calif. Legion Knee Replacement Action

SACRAMENTO, Calif. — A California federal judge has awarded summary judgment to Smith & Nephew in an action involving its Legion Knee Replacement System, finding the plaintiff failed to present substantive evidence that the device was defectively manufactured or that the device’s components caused it to fail.

On May 23, Judge Dale Drozd of the U.S. District Court for the Eastern District of California further ruled that the plaintiff’s claim for design defect fails as a matter of law, and that the breach of warranty claim is not cognizable.

Ruben Merancio underwent total left knee arthroplasty in June 2006. Beginning ...

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