Breach of Implied Warranty Claim Proceeds in Ala. Pinnacle Hip Implant Case

MOBILE, Ala. — Medical Device Business Services (MDBS) must face a breach of implied warranty claim in a lawsuit in which an Alabama woman alleges its hip replacement device broke into pieces while she was walking, requiring her to undergo revision surgery and leaving her permanently disabled.

However, in a Feb. 20 order, Judge Kristi DuBose awarded the company summary judgment on the claims for product liability, fraud, failure to warn and defect, breach of express warranty and negligence.

To treat her degenerative joint disorder, Pamela Ahmed was implanted with a Pinnacle Altrx polyethylene liner, Pinnacle cup, and Biolix ceramic …