11th Cir. Upholds Dismissal of Howmedica Restoration Hip Action
July 9, 2018
TAMPA, Fla. — A federal appeals court has upheld dismissal of a Howmedica Restoration hip implant action, finding the plaintiff inadequately pled her claims of manufacturing defect, failure-to-warn, and negligence.
On July 5, the 11th Circuit U.S. Court of Appeals agreed with a Florida federal court that the plaintiff failed to allege how the device she received was defective or inadequately labeled.
Jean Ann Wright underwent a total right hip replacement surgery on Jan. 4, 2013, during which HOC’s Restoration ADM System X3 Acetabular Insert was implanted.
HOC had voluntarily recalled the inserts, explaining “there was a potential for interpretation …
- Rotstein & Shiffman
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