Plaintiffs to Appeal N.Y. Federal Informed Intermediary Ruling to 2nd Circuit

NEW YORK — Plaintiffs are appealing a ruling that a surgeon’s failure to inform a patient of a hip fracture repair device’s risks relieves the manufacturer of liability because it severed the causal connection between the allegedly inadequate warnings and the patient’s injury.

The notice of appeal was recently filed in the 2nd Circuit U.S. Court of Appeals. Plaintiffs are challenging a March 15 ruling in which Judge Ronnie Abrams of the U.S. District Court for the Southern District of New York awarded summary judgment to Zimmer Inc., holding that the duty to warn runs to the prescribing physician because …