Warning, Design Defect Claims Trimmed from Bone Plate, Screw Action

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

In a Dec. 9 order, Judge Beth Bloom of the U.S. District Court for the Southern District of Florida agreed with a magistrate judge 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 …