Breach of Implied Warranty Claim Dismissed in N.C. Smith & Nephew Drill Bit Case

CHARLOTTE, N.C. — A North Carolina federal judge has dismissed a breach of implied warranty claim arising from a drill malfunction in a hip replacement case, explaining that defendant Smith & Nephew did not make any representations to the plaintiff regarding the device, therefore no privity exception applies.

In an Aug. 11 order, Judge Robert J. Conrad Jr. of the U.S. District Court for the Western District of North Carolina explained that S&N made no representations aimed at the plaintiff regarding the drill bit, and she did not elect to undergo the surgery because of any representations made by S&N.