STORY FROM: Drugs & Medical Devices
Fla. Federal Judge Dismisses Howmedica Restoration Hip Action Without Prejudice
October 18, 2017
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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