Strict Liability, Breach of Warranties Claims Dismissed in Zimmer Hip Case

PITTSBURGH - A Pennsylvania federal judge has dismissed strict liability and breach of implied warranty claims brought against Zimmer Holdings Inc. in a hip implant suit, ruling that they are barred by Pennsylvania law. Horsmon v. Zimmer Holdings Inc., No. 11-1050 (W.D. Pa.).

On Nov. 10, Judge Cathy Bissoon of the U.S. District Court for the Western District of Pennsylvania also dismissed the breach of express warranty claim, explaining that the plaintiffs failed to allege that Zimmer made "any affirmation of fact or promise which relates to the goods" and that any such affirmation of fact or promise became "part …