STORY FROM: Drugs & Medical Devices
N.Y. Federal Judge Allows Expert Testimony in Howmedica Hip Action
March 14, 2019
NEW YORK — The plaintiff in a Howmedica Osteonics Corp. hip implant case may present expert testimony despite having failed to meet discovery deadlines, because such testimony is critical to her claims, a New York federal judge has ruled.
On March 12, Judge Kenneth Karas of the U.S. District Court for the Southern District of New York held that sanctioning the plaintiff by barring her experts from testifying would be too harsh. The judge added, however, that if the plaintiff misses any more deadlines, her case will be dismissed.
Annah Giorda underwent a total hip replacement surgery on Jan. 30, ...