Fla. Court Denies Leave to Amend While it Considers Motion to Dismiss Howmedica EIUS Knee Suit

MIAMI – A federal judge has denied an EIUS knee plaintiff leave to submit a third amended complaint against Howmedica Osteonics Corp., saying the plaintiff offered no reason why the court should grant leave.

Judge James L. King of the Southern District of Florida also noted in his Feb. 12 order that the court has twice dismissed prior complaints by plaintiff Sandra Witt and a third such motion is pending.

“The Court has twice dismissed Plaintiff's complaint without prejudice for failure to properly plead a cause of action . . . ,” Judge King said.

Noting that the proposed Third …