Lawsuit Targeting DePuy’s LC-DCP Fixation System Dismissed Without Prejudice

CAMDEN, N.J. — A New Jersey federal judge has dismissed without prejudice claims targeting DePuy’s LC-DCP screw and plate internal fixation system, ruling that the plaintiff failed to adequately allege his claims for design and manufacturing defect, failure to warn and breach of express warranty.

In a Dec. 21 order, Judge Kevin McNulty of the U.S. District Court for the District of New Jersey further ruled that the claim for breach of implied warranty is subsumed by the state’s product liability act because it is, in essence, a claim for personal injuries from a defective product.

Brian Vicente was in …