Successors to Hip Device Manufacturer Not Liable for Alleged Design Defects, N.Y. Federal Judge Rules

NEW YORK — A New York federal judge has awarded summary judgement to defendants in a hip replacement case on a majority of the claims, ruling that although the defendants purchased the company that designed and manufactured the device, they did not inherit that company’s liabilities.

However, in the Dec. 2 order, Judge Arthur D. Spatt of the U.S. District Court for the Eastern District of New York denied defendants’ summary judgment motion as to plaintiffs’ failure-to-warn claim, finding questions of fact exist as to whether as successor corporations, defendants had an independent duty to warn plaintiffs of the risks …