Knee Implant Plaintiff Wants Okla. Supreme Court to Rule on Negligence Per Se

DENVER - A former plaintiff in the Sulzer Orthopedics MDL has requested that the 10th Circuit ask the Oklahoma Supreme Court whether Oklahoma would recognize a negligence per se claim based on "Good Manufacturing Practices" imposed by the federal Food, Drug and Cosmetic Act. Howard, et ux. v. Sulzer Orthopedics Inc., et al., No. 11-5109 (10th Cir.).

Defendant-appellee Zimmer Inc. (formerly Sulzer Orthopedics Inc.) filed its opposition to certification on Nov. 7 and the parties have completed briefing on that motion and on Brian C. Howard's appeal of the dismissal order by the U.S. District Court for the District of …