Negligence, Warranty, Warning Claims Dismissed in Ohio DePuy Bone Screw Action

CINCINNATI — An Ohio federal judge has dismissed claims of negligence, breach of warranty, strict liability and failure to warn in a DePuy bone screw case, finding the claims are abrogated by the Ohio Products Liability Act.

In the March 9 order, Judge Michael R. Barrett of the U.S. District Court for the Southern District of Ohio noted that the plaintiff’s claims of statutory product liability and punitive damages remain pending.

Deborah Kennedy underwent surgery on her ankle during which her surgeon implanted DePuy Anatomical Locking Plate System screws. Kennedy alleges that following the surgery she began to experience pain. …