prod.liab.rep.(cch)p 12,766 Paula Fane and Kjell Fane v. Zimmer, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that New York law required expert medical testimony to attribute a bone fracture to the breakdown of hip implant in order to establish proximate causation on a negligent failure to warn claim
• holding that warnings were adequate as a matter of law “{b]ecause the warnings provided specific information on the risks associated with use of the key-free device and [the prescribing doctor] was fully aware of these risks”
• concluding that expert medical testimony was necessary on the “medical question” of “[w]hat causes a bone to fracture” because the injury had been complex, involved a complicated surgery, and causation went “beyond the sphere of the ordinary juryman”
• finding adequate warning where physician was “fully aware” of risks of using medical device detailed in warnings
• rejecting a showing of causation without expert testimony as to the relationship between the alleged defective product and a broken bone
• describing the plaintiff’s burden to show that the product, “as designed, presented a substantial likelihood of harm and feasibly could have been designed more safely”

Source: CourtListener parenthetical corpus (CC0).