A state court unanimously ruled in favor of Johnson & Johnson and DePuy Synthes in a product liability suit over the company's Synthes Matrix Screw Rod System, the Connecticut Law Tribune reports.
A Hartford (Conn.) Hospital surgeon used the company's Matrix system during a 2012 surgery on Raymond Ferrari. The system's titanium rod fractured during surgery, which destabilized Mr. Ferrari's thoracic and lumbar spine. Mr. Ferrari suffered from muscle spasms, pain and spinal instability as a result. He sued J&J and DePuy in March 2016, claiming the Synthes Matrix Screw Rod System was defective.
What you should know about the proceedings:
1. The plaintiff and defense agreed to disclose expert witnesses by Jan. 15, 2017. Mr. Ferrari's attorneys never brought forward any expert witnesses. The defense requested a summary judgment as a result.
2. Mr. Ferrari's team argued against the summary judgment request. They said expert testimony was not needed to note a product's faults. The Connecticut Appellate Court disagreed, stating expert testimony was needed to establish causation.
3. J&J's team established that the risks associated with the system were well documented. Hartford Hospital's Paul Schwartz, MD, PhD, said he spoke to Mr. Ferrari about the risks associated with the system before his surgery, and Mr. Ferrari's team noted the implant system was accompanied by several product warning inserts.
4. The Connecticut Appellate Court unanimously granted J&J summary judgment, noting that the plaintiff failed to produce an expert witness and couldn't prove the Matrix system was defective. Connecticut Law Tribune said it was unclear whether Mr. Ferrari would appeal to the Supreme Court. A representative of J&J's legal team said, "Johnson & Johnson was pleased with the result and thought it upheld the quality of their product."