STORY FROM: Drugs & Medical Devices

11th Cir. Upholds Dismissal of Howmedica Restoration Hip Action

TAMPA, Fla. — A federal appeals court has upheld dismissal of a Howmedica Restoration hip implant action, finding the plaintiff inadequately pled her claims of manufacturing defect, failure-to-warn, and negligence.

On July 5, the 11th Circuit U.S. Court of Appeals agreed with a Florida federal court that the plaintiff failed to allege how the device she received was defective or inadequately labeled.

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 a potential for interpretation ...

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Rotstein & Shiffman
Shook Hardy & Bacon

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