Failure-To-Warn, Strict Liability Claims Survive in Intraoral Distraction Device Case

KANSAS CITY, Mo. - A Missouri federal judge has denied the manufacturer of a mechanical intraoral distraction device summary judgment on failure-to-warn and strict liability claims, ruling that issues of fact exist as to whether the surgeon followed the manufacturer's instructions when implanting the device. Cox v. KLS Martin, No. 10-1204 (W.D. Mo.).

However, in the Feb. 27 order, Judge Ortrie D. Smith of the U.S. District Court for the Western District of Missouri granted KLS summary judgment on the breach of implied warranty claim, ruling that plaintiffs failed to establish reliance.

Jeremiah Cox was born with a severe case …