Negligence Claim Dismissed from Conn. Smith & Nephew Knee Replacement Case

HARTFORD, Conn. — A Connecticut federal judge has dismissed without prejudice a negligence claim from a Smith & Nephew knee replacement case, ruling that the complaint is devoid of any actual conduct that resulted in a breach of the manufacturer’s duty of care to the plaintiff.

However, in the Dec. 13 order, Judge Sarala Nagala of the U.S. District Court for the District of Connecticut allowed the claims for manufacturing and design defect to proceed, ruling that they were adequately pled.

Kevin Frissora underwent bilateral knee replacement surgery in April 2009, during which his surgeon, Dr. Michael Luchini, implanted him …