Lawsuit Involving Howmedica Hip Replacement Devices to Proceed in Calif. Federal Court

SAN DIEGO — A California federal judge has allowed a hip replacement lawsuit to proceed against Howmedica Osteonics Corp., finding the plaintiff adequately alleged that the company was negligent in failing to design and manufacture certain of its Restoration and Accolade devices, and did not adequately warn surgeons of the risks when the devices are used together.

However, in the Jan. 16 order, Judge Marilyn Huff of the U.S. District Court for the Southern District of California dismissed the plaintiff’s design defect and manufacturing defect claims, ruling that they were insufficiently pled.

Tobi Herbert underwent hip replacement surgery in June …