Calif. Appellate Court Affirms 2nd Dismissal of Hip Implant Suit Against Surgeon

SAN FRANCISCO — A California appellate court has affirmed a trial court order sustaining a surgeon’s demurrer to a hip implant recipient’s “product warranty” lawsuit, agreeing that there was no indication the plaintiff could cure the flaws in an amended complaint.

The Aug. 28 ruling by California’s First Appellate District, is the second time the court has sustained a demurrer to complaints filed by Ross Shade, having previously affirmed dismissal of Shade’s negligence action.

Shade, who is not represented by counsel, alleges that he has suffered physical injuries from an unspecified DePuy Orthopaedics hip device implanted by Adam Freedhand, M.D., …