CORIN WINS SUMMARY JUDGEMENT IN METAL-ON-METAL HIP SUIT (Orthopedics This Week)
Rack one up in the win column for a metal-on-metal hip manufacturer.
On February 3, 2016, Corin Group PLC and Corin USA Limited (Corin) prevailed in a lawsuit alleging injuries from Corin’s hip resurfacing system, the Cormet, a Class III medical device approved by the U.S. Food and Drug Administration (Swisher v. Stryker Corporation, et al.).
After full discovery, Corin filed motions for summary judgment and to exclude the plaintiff’s sole liability expert, metallurgist Charles Powell. The U.S. District Court for the Western District of Oklahoma excluded the relevant opinions of Powell and granted summary judgment in favor of Corin on all claims, holding, according to Corin, that there was no evidence of the purported defect in the device nor any evidence of medical causation for the plaintiff’s alleged injuries
The company challenged Powell on Daubert grounds. The Supreme Court has determined that the general standards for a Daubert challenge to expert testimony requires the trial judge to ensure "that any and all scientific testimony or evidence is not only relevant, but reliable.”
Corin claimed that ...
