Prosthetic Leg Distributor Awarded Summary Judgment in N.M. Negligence Action

ALBUQUERQUE, N.M. — A New Medical federal judge has awarded the distributor of a prosthetic leg summary judgment in a negligence action after excluding the testimony of the prosthetist who fitted the device on the plaintiff, ruling that the statements were improperly presented as “expert” testimony.

On March 28, Judge M. Christina Armijo of the U.S. District Court for the District of New Mexico barred the testimony, noting that the plaintiff agreed to refrain from presenting expert testimony through the prosthetist.

Sylvia Ward was diagnosed with Buerger's Disease, a progressive peripheral arterial disease that compromises the blood flow to the …