Wednesday, September 30, 2020

Summary Judgment Granted Due to Lack of Expert Testimony in Medical Device Products Liability Case


In the products liability case of Marshall v. Zimmer, Inc., No. 18-3363 (E.D. Pa. Sept. 9, 2020 Bratter, J.), the court granted summary judgment in favor of a Defendant after the Plaintiff failed to produce expert testimony in support of the claims presented.

The case arose with respect to allegations surrounding a medical device, or implant, used for knee replacement surgeries.

The court reaffirmed the rule of law that a Plaintiff cannot establish causation or a defect in a suit against a medical device implant manufacturer without expert testimony. The court noted that a lay juror cannot simply look at a medical device and reasonably determine that the design, or some other aspect of the device, was defective.

The court noted that the Plaintiff had been given multiple extensions to produce an expert report but failed to do so. 

Anyone wishing to review a copy of this decision may click this LINK.  The companion Order can be viewed HERE

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

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