Neal v. Smith & Nephew Inc.

Summary

The United States District Court for the Western District of Louisiana granted Smith & Nephew, Inc.’s motion for summary judgment in Blondzetta Hay Neal’s Louisiana Products Liability Act action involving an R3 acetabular hip replacement system. The court held that Neal presented no evidence of a construction or composition defect and failed to identify an alternative design supporting her design-defect claim.

Holdings

1. Summary judgment granted on construction/composition defect claim because Plaintiff failed to present expert evidence showing how the device deviated from manufacturer's specifications or performance standards.
2. Summary judgment granted on design defect claim because Plaintiff failed to demonstrate an alternative design existed at the time the product left manufacturer's control.

Questions Presented

1. Whether summary judgment is warranted on Plaintiff's construction or composition defect claim under the Louisiana Products Liability Act
2. Whether summary judgment is warranted on Plaintiff's design defect claim under the Louisiana Products Liability Act

Disposition

affirmed