Negligence, Breach of Warranty Claims Dismissed in DePuy Rotating Platform Knee Case

RICHMOND, Va. — A Virginia federal judge has dismissed without prejudice negligence claims filed against DePuy in connection with its rotating platform knee, ruling that the plaintiff failed to specify a defect in the device’s implant’s manufacture or design, or in the warnings provided.

On Aug. 22, Senior Judge Robert E. Payne of the U.S. District Court for the Eastern District of Virginia adopted a magistrate judge’s report, which also recommended dismissal without prejudice of the plaintiff’s breach of express warranty claim for lack of specificity.

Willie Porter underwent total left knee replacement surgery on Sept. 12, 2012, during which …