Mich. Federal Judge Dismisses CerviCore Disc Complaints as Time-Barred, Inadequately Pled

DETROIT — A Michigan federal judge has dismissed two complaints alleging injuries caused by Howmedica CerviCore Disc Devices, ruling that the claims of failure to warn, fraud, negligence, breach of contract and misrepresentation are time-barred and/or inadequately pled.

On Dec. 8, Judge Judith E. Levy of the U.S. District Court for the Eastern District of Michigan also denied plaintiffs’ motion to amend their complaints, ruling that “it would, at best, unnecessarily extend this litigation until summary judgment, when the Court would again be required to hold the same claims time-barred under the relevant statutes of limitations.”

Phyllis Good and Stephen …