NuVasive Awarded Summary Judgment in La. Federal Spinal Fixation Lawsuit

LAFAYETTE, La. — Manufacturing defect claims asserted against NuVasive in connection with its spinal fixation system are time-barred under Louisiana’s one-year limitations period because the plaintiff was on notice of his claim as early as Jan. 12, 2015, but waited until Feb. 10, 2016, to file suit.

On March 14, Judge Carol Whitehurst of the U.S. District Court for the Western District of Louisiana awarded NuVasive summary judgment on Thomas Landry’s Louisiana Product Liability claim.

In a May 27, 2014, surgery, Dr. Jason Cormier used the NuVasive system to fuse Landry’s L2-S1 vertebra. Six months later, Landry says he began …