STORY FROM: Drugs & Medical Devices

Plaintiff in Smith & Nephew Hip Case May Not Amend Manufacturing Defect, Warranty Claims

JACKSON, Miss. — A Mississippi federal judge has denied a plaintiff’s motion to amend his manufacturing defect claim in a Smith & Nephew hip replacement action, finding the proposed amended claim does not explain how the components deviated from specification.

In a Dec. 5 order, Chief Judge Daniel P. Jordan III of the U.S. District Court for the Southern District of Mississippi also denied the motion as to a breach of implied warranty claim, ruling that it is duplicative of the plaintiff’s product liability claims.

John Taylor underwent a right total hip arthroplasty on Nov. 7, 2011, during which he ...

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