STORY FROM: Drugs & Medical Devices

Product Liability Claim to Proceed Against DJ Orthopedics, Encore in Ind. Federal Hip Case

SOUTH BEND, Ind. — An Indiana federal judge has allowed product liability claims to proceed against DJ Orthopedics Inc. and Encore Medical in a hip replacement action, finding the theories of manufacturing defect, design defect, and failure to warn are adequately pled.

However, in the Feb. 15 order, Judge Jon DeGuilio of the U.S. District Court for the Northern District of Indiana dismissed the plaintiff’s fraud-based claims without prejudice, ruling that they were not pled with the requisite particularity.

Karl Marozsan underwent hip replacement surgery, during which his surgeon replaced his hip joint with a metal-on-metal prosthetic device designed, manufactured, ...

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May Oberfell Lorber
Nixon Peabody

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