Pedicle bone screw liability cases denied class action status by U.S. district court.
This article was originally published in The Gray Sheet
Executive Summary
PEDICLE BONE SCREW LIABILITY PREEMPTION ISSUE could be resolved on a "class" basis before the individual cases are returned to state courts, U.S. District Court Judge Louis Bechtle of the Eastern District of Pennsylvania, Philadelphia, suggests in a Feb. 22 order. Bechtle made the suggestion in a ruling on plaintiffs' Zampirri et al. request for class action status of pedicle bone screws claims. Bechtle rejects the request for class status but suggests that "the few common issues" in the cases, such as whether federal device law preempts the state liability claims, could be resolved jointly.