11th Cir. Finds for DePuy in Femur Plate Action, Upholds Exclusion of Expert Testimony

ATLANTA — A federal appellate panel has upheld an award of summary judgment to DePuy in an action targeting its femur plate, ruling the plaintiff failed to adequately challenge the lower court’s exclusion of his engineering expert’s testimony.

On May 31, the 11th Circuit U.S. Court of Appeals panel explained that without the testimony, the plaintiff’s case fails for lack of causation.

James House fell from a ladder, breaking bones in both legs. He underwent surgery during which femoral nails were used to repair both femurs. After surgery, House’s left femur failed to heal properly. In a second operation, a …