Okla. Federal Judge Dismisses Spinal Screw Petition, but Allows Plaintiff to Amend

OKLAHOMA CITY — An Oklahoma federal judge has dismissed without prejudice a lawsuit against the makers of spinal screws, ruling that the plaintiff failed to specify the particular devices and which defendant manufactured the allegedly defective devices.

In a Feb. 20 order, Judge Timothy D. DeGiusti of the U.S. District Court for the Western District of Oklahoma found the petition contains only conclusory allegations. However, he gave the plaintiff an opportunity to amend the pleading.

Oklahoma resident Marshall Shells alleges that he underwent surgery on his cervical spine in March 2009, during which surgical screws manufactured by X-Spine Systems Inc. …