Defective Manufacture, Failure-to-Warn Claims Survive in Cranial Implant Case

INDIANAPOLIS - An Indiana federal judge has refused to dismiss defective manufacture, failure-to-warn and negligence claims brought against the makers of a recalled cranial implant, ruling that the Indiana Product Liability Act does not preclude them. Ganahl v. Stryker Corp., et al., No. 10-1518 (S.D. Ind.).

However, in the Feb. 15 order, Judge Jane Magnus-Stinson of the U.S. District Court for the Southern District of Indiana dismissed without prejudice the plaintiff's warranty claims, ruling that they were insufficiently pled.

Daphne Ganahl received a cranial implant manufactured and sold by Stryker Corp., Stryker Leibinger USA, Stryker Sales Corporation and Contract Medican …