Failure-To-Warn Claim to Proceed in Miss. Howmedica Trident Hip Replacement Action

JACKSON, Miss. — A Mississippi federal judge has allowed a failure-to-warn claim to proceed against Howmedica Osteonics Corp. in a lawsuit involving its Trident hip replacement system, finding the plaintiff has adequately alleged that the device did not contain adequate warnings or instructions.

However, in the Sept. 3 order, Daniel P. Jordan III of the U.S. District Court for the Southern District of Mississippi dismissed with prejudice the remaining claims of manufacturing defect, design defect, breach of warranty and punitive damages, finding they were inadequately pled.

Frances Nause Riddell received a right total-hip arthroplasty on June 20, 2001, at the …