STORY FROM: Drugs & Medical Devices

Minn. Federal S&N Knee Replacement Action Dismissed Without Prejudice

MINNEAPOLIS — A Minnesota federal judge has dismissed strict liability claims in a Smith & Nephew knee replacement action, holding that the plaintiff failed to specify how the device was unreasonably dangerous or how a different warning would have changed his surgeon’s decision to implant the product.

In a Jan. 22 order, Judge Donovan Frank of the U.S. District Court for the District of Minnesota further found the plaintiff did not plead his fraud claim with the requisite specificity. However, the judge granted the plaintiff leave to file an amended complaint to cure the pleading deficiencies.

Wayne Marshall underwent ...

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Marc J. Bern & Partners
Nilan Johnson Lewis
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