Fla. Federal Judge Allows Plaintiff to Amend Warning Claim in Hip Case

FORT MYERS, Fla. — A Florida federal judge has allowed a plaintiff to amend her strict liability – failure-to-warn claim in a DePuy hip implant action, ruling that she improperly commingled the claim with her negligence cause of action.

In a Feb. 13 order, Judge John Badalamenti of the U.S. District Court for the Middle District of Florida also ordered the plaintiff to properly move for leave to amend her negligent misrepresentation claim.

Monica Young alleges injuries caused by DePuy’s Pinnacle hip system, which she had implanted in 2008 and removed in 2017. She asserted claims for negligence, strict liability …