STORY FROM: Drugs & Medical Devices

Utah Federal Judge Allows Shoulder Implant Lawsuit to Proceed Against Encore Medical

SALT LAKE CITY — A Utah federal judge has refused to dismiss a lawsuit in which the recipient of a shoulder implant alleges the device’s faulty design caused him to develop a bacterial infection, finding the claims of defective design, breach of warranty and failure to warn were adequately pled.

On April 16, Judge David Nuffer of the U.S. District Court for the District of Utah further held that the learned intermediary doctrine does not defeat the claims at this stage because plaintiffs have raised a question of fact as to the sufficiency of the manufacturer’s warnings to the ...

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Pearson Butler & Carson
Ray Quinney & Nebeker

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