A federal judge has rejected a plaintiff’s strict liability claims against the manufacturer of an allegedly defective spinal implant that failed and led to a broken back.
U.S. District Judge Jeffrey L. Schmehl of the Eastern District of Pennsylvania ruled July 15 that an exclusion from strict liability claims that applies to prescription drugs should be applied to prescription medical devices as well. The judge also allowed the plaintiffs’ manufacturing defect, negligent design, failure-to-warn and negligence per se claims to go forward against the implant manufacturer, Synthes USA Products.
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