Fla. Judge Allows Strict Liability, Negligence Claims to Proceed in EIUS Knee Implant Case

MIAMI — A Florida woman’s amended lawsuit over a failed artificial knee implant has survived dismissal after a federal judge ruled that new allegations of design defect related to the device’s femoral component meet the court’s heightened pleading standards.

Judge James Lawrence King of the U.S. District Court for the Southern District of Florida ruled March 28 that the “critical addition” of the amended claims put defendant Howmedica Osteonics Corp. on notice of the specific defect in the company’s EIUS Unicompartmental knee system that allegedly caused plaintiff Sandra Witt’s injuries.

Sandra Witt initially filed her case in the 11th …