N.J. Federal Judge Bars Evidence of Durom Cup Loosening Risk Post-Dating Implantation Surgery

TRENTON, N.J. — A New Jersey federal judge overseeing a Durom Cup trial has excluded evidence related to the alleged risk of loosening that post-dates the plaintiff’s implantation surgery, explaining that evidence of subsequent remedial measures may not be used to prove "a defect in a product or its design, or that a warning or instruction should have accompanied a product."

On May 4, Judge Susan D. Wigenton of the U.S. District Court for the District of New Jersey explained that the date of the surgery should be used as the cutoff because that is when the plaintiff was allegedly …