STORY FROM: Drugs & Medical Devices

Conn. Appeals Court Upholds Summary Judgment Award to Titanium Rod Makers

HARTFORD, Conn. — A trial court properly awarded summary judgment to the makers of titanium rods on design defect and breach of warranty claims, because the plaintiff failed to present expert testimony supporting his allegations, a Connecticut appeals court has ruled.

In a May 21 order, the Connecticut Court of Appeals further affirmed that the learned intermediary doctrine bars the plaintiff’s failure-to-warn claim because he failed to show that the warnings accompanying the device were inadequate.

Raymond Ferrari underwent spinal surgery on Aug. 17, 2012, during which his surgeon implanted the Synthes Matrix spinal system. The system included stabilizing titanium ...

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Harlow Adams & Friedman
Ryan Ryan DeLuca
Thompson Miller & Simpson

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