Calif. Appellate Court Reinstates Manufacturing Defect Claim Against Stryker
November 28, 2012
DOCUMENTS
- Opinion
LOS ANGELES — A California appellate panel has reversed summary judgment awarded to Stryker Corp. (NYSE: SYK) on claims arising from the implantation of a prosthetic femur, saying the plaintiff recipient may pursue manufacturing defect and negligence claims.
The Court of Appeal’s Second Appellate District did order in its Nov. 27 published opinion that the trial order grant summary adjudication of Todd Garrett’s breach of express warranty and strict liability failure-to-warn and design-defect claims, however.
“We hold that (1) the doctrine of strict products liability based on a design defect is inapplicable to implanted medical devices available only through the …
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