PERRY PARKS, et al., Plaintiffs, v. WRIGHT MEDICAL TECHNOLOGY, et al., Defendants.
Case No.: BC552067
Hearing Date: December 9, 2016
[TENTATIVE] ORDER RE:
(1) MOTION FOR SANCTIONS DUE TO INTENTIONAL SPOLIATION
(2) MOTION FOR SUMMARY ADJUDICATION
BACKGROUND
Plaintiff Perry Parks was the recipient of an artificial hip implant—known as a “Profemur” device—designed and manufactured by Defendant Wright Medical Technology, Inc. (“Wright Medical”). Defendant Advanced Surgical Devices, Inc. (“ASD”) is alleged to be the distributor of the implants. Plaintiff alleges that the implant failed, requiring Plaintiff to undergo corrective surgery and causing injury.
Plaintiff asserts causes of action for (1) strict products liability – manufacturing defect, (2) strict products liability – failure to warn, (3) negligence, (4) negligence – failure to recall/retrofit, and (5) breach of express warranty, against Defendant Wright Medical; and (6) negligence, against Defendant ASD.
JUDICIA
Hearing Date
December 09, 2016
Type
Prdct Liablty (not asbes,tox,envir (General Jurisdiction)
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PERRY PARKS, et al., Plaintiffs, v. WRIGHT MEDICAL TECHNOLOGY, et al., Defendants.
Case No.: BC552067
Hearing Date: December 9, 2016
[TENTATIVE] ORDER RE:
(1) MOTION FOR SANCTIONS DUE TO INTENTIONAL SPOLIATION
(2) MOTION FOR SUMMARY ADJUDICATION
BACKGROUND
Plaintiff Perry Parks was the recipient of an artificial hip implant—known as a “Profemur” device—designed and manufactured by Defendant Wright Medical Technology, Inc. (“Wright Medical”). Defendant Advanced Surgical Devices, Inc. (“ASD”) is alleged to be the distributor of the implants. Plaintiff alleges that the implant failed, requiring Plaintiff to undergo corrective surgery and causing injury.
Plaintiff asserts causes of action for (1) strict products liability – manufacturing defect, (2) strict products liability – failure to warn, (3) negligence, (4) negligence – failure to recall/retrofit, and (5) breach of express warranty, against Defendant Wright Medical; and (6) negligence, against Defendant ASD.
JUDICIA