Okla. Supreme Court Allows Sulzer Knee Plaintiff’s Negligence Per Se Claim Alleging FDCA Violations

OKLAHOMA CITY — The Oklahoma Supreme Court has ruled 6-3 that the Federal Food Drug and Cosmetic Act does not prevent the recipient of a Sulzer Orthopedics knee implant from bringing a negligence per se claim alleging violations of that act’s Medical Device Amendments.

The high court’s March 19 majority opinion came in response to a single question posed by the 10th Circuit Court of Appeals, which is considering an appeal by Brian C. Howard, M.D., who alleges defects in a knee replacement device manufactured by Sulzer Orthopedics Inc.

The high court said it was not asked to conduct …