Fla. Court Rejects DePuy Hip Implant Warnings Claim, Allows Design Defect Case to Proceed

MIAMI — A Florida judge has ruled that design defect and related negligence claims may proceed in a case brought by a Palm Beach police officer whose DePuy Orthopaedics hip system fractured four years after it was implanted.

However, the South Florida judge ruled Aug. 14 that allegations that DePuy failed to warn patients about the artificial hip device and its potential to fail prematurely are barred by the learned intermediary doctrine. The court also awarded summary judgment to DePuy on the plaintiffs’ claims for manufacturing defect and implied breach of warranty.

DePuy was sued by Bryan and Patricia Rydzewski …