Judge Suggests Warning, Design Defect Claims be Trimmed from Bone Plate, Screw Action

MIAMI — A Florida federal magistrate judge has recommended trimming failure-to-warn claims from a lawsuit targeting allegedly defective bone plate and screws, opining that they are too conclusory to overcome the learned intermediary doctrine.

In a Nov. 21 report and recommendation, Magistrate Judge Marty F. Elfenbein of the U.S. District Court for the Southern District of Florida explained that the plaintiff failed to allege that defendant AAP Implants Inc. did not warn her surgeon of the device’s risks.

“Plaintiff asks the Court to read language into the Second Amended Complaint that, simply put, does not satisfy the learned intermediary standard …