Court Finds Express Warranty Claim Barred by 4-Year Limitations Period

PITTSBURGH - A federal judge has dismissed a Pennsylvania plaintiff's express warranty claim in a Zimmer hip implant lawsuit, ruling that any express warranties did not extend to future performance and the 4-year limitations period for such warranties began to run upon implantation. Horsmon, et ux. v. Zimmer Holdings Inc., No. 11-1050 (W.D. Pa.).

Judge Cathy Bissoon of the U.S. District Court for the Western District of Pennsylvania also ruled in her Feb. 8 order that while the remaining negligence claim is unaffected, a spousal claim for loss of consortium was also limited to the extent it was derivative of …