STORY FROM: Hip & Knee Implant Litigation

Fla. Federal Judge Dismisses Howmedica Restoration Hip Action Without Prejudice

TAMPA, Fla. — A Florida federal judge has dismissed a Howmedica Restoration hip implant action, finding the plaintiff inadequately pled her claims of manufacturing defect, failure-to-warn, and negligence, and calling the quality of her attorney’s filings “sloppy and careless.”

However, in the Oct. 12 order, Judge James S. Moody Jr. granted the plaintiff leave to file a third amended complaint to cure the pleading deficiencies.

Jean Ann Wright underwent a total right hip replacement surgery on Jan. 4, 2013, during which HOC’s Restoration ADM System X3 Acetabular Insert was implanted.

HOC had voluntarily recalled the inserts, explaining “there was ...

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Rotstein & Shiffman
Shook Hardy & Bacon

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