Ariz. Court Upholds Summary Judgment Award to Smith & Nephew in Knee Case

PHOENIX — An Arizona appellate court has upheld an award of summary judgment to Smith & Nephew and an orthopedic surgeon in a knee replacement action, ruling that the plaintiff failed to present evidence that would allow a jury to infer that their negligence caused the device to fail.

In a June 11 opinion, the Arizona Court of Appeals, 1st District, explained that the plaintiff offered two potential causes for the implant’s failure, based upon different negligence at different times by each defendant. As such, the plaintiff failed to present evidence supporting an inference that either defendant’s negligence was responsible …