9th Cir. Panel Upholds Award of Summary Judgment to DePuy in Locking System Case

SAN FRANCISCO — The 9th Circuit U.S. Court of Appeals has upheld a summary judgment award to DePuy Synthes Sales Inc. in a lawsuit targeting its Synthes Locking System, ruling that the device’s package inserts “were more than adequate to satisfy the consumer-expectation test.”

In the recent ruling, the appellate panel further found the plaintiff failed to present evidence that DePuy breached its duty of care by acting unreasonably in testing the device.

Dwane Miller fractured two bones in his lower right leg and underwent implantation of a DePuy Synthes Locking System to align the broken bones.

Package inserts …