Design, Manufacturing Defect Claims to Proceed in Smith & Nephew Humeral Nail System Case

ABERDEEN, Miss. — A Mississippi federal judge has permitted claims of design and manufacturing defect, breach of express warranty, and negligence premised on manufacturing defect to proceed against Smith & Nephew in a lawsuit concerning its TRIGEN Humeral Nail System.

However, in a June 11 order, Senior Judge Glen Davidson of the U.S. District Court for the Northern District of Mississippi dismissed the claims of failure to warn, breach of implied warranties, negligent misrepresentation, and negligence premised on failure to warn and design defect, ruling that they were inadequately pled.

Mississippi citizen Reggie Little underwent surgery in February 2014, during …