Knee Replacement Deterioration Suit Halted For Failure to Allege Defect, Duty to Warn

Claims in a suit alleging that a polyethylene prosthetic knee broke down within the patient’s body were timely but will not move forward because the patient failed to allege a specific defect, a federal district court in California held Oct. 11 (Buckley v. DJO Surgical, S.D. Cal., 3:11-cv-02804-L-MDD, 10/11/12).

Judge M. James Lorenz of the U.S. District Court for the Southern District of California held seven of Robert Buckley’s eight claims against Encore Medical GP LLP (another name for DJO Surgical) were timely under California’s delayed discovery rule.

However, the court held Buckley’s claims for strict product ...