Ala. High Court Would Not Define Medical Devices as ‘Consumer Goods,’ Del. Judge Predicts

WILMINGTON, Del. — Breach of warranty claims in a Wright Medical hip replacement action are time-barred because the device is not a “consumer good” under Alabama law, and the statute of limitations accrued at the time of delivery, rather than the time of injury, a Delaware federal magistrate judge has opined.

In a Feb. 25 report and recommendation, Magistrate Judge Sherry R. Fallon of the U.S. District Court for the District of Delaware predicted that the Alabama Supreme Court would define such medical devices as non-consumer goods.

The magistrate judge also recommended that the strict liability claims be dismissed without …