Ky. Federal Judge Denies Howmedica Summary Judgment on Oral Settlement Issue in ShapeMatch Case

PADUCAH, Ky. — A jury must resolve the question of whether a plaintiff orally agreed to settle a ShapeMatch Cutting Guide lawsuit brought against Howmedica Osteonics, a Kentucky federal judge has ruled, explaining there are issues of fact as to whether the agreement had been consummated.

In a Sept. 29 order, Chief Judge Thomas B. Russell of the U.S. District Court for the Western District of Kentucky also denied Howmedica’s motion to dismiss the plaintiff’s breach of express warranty claim, noting it does not require privity of contract between the parties.

Mildred Huff underwent knee replacement surgery in August …