SIMON v. SMITH & NEPHEW, INC.

No. 13 Civ. 1909(PAE).

990 F.Supp.2d 395 (2013)

Susan SIMON, Plaintiff v. SMITH & NEPHEW, INC., Defendant.

United States District Court, S.D. New York.

Signed December 3, 2013.


Attorney(s) appearing for the Case

Michael Scott Schlesinger , Michelle Lynn Pomerantz , Julien & Schlesinger, P.C., New York, NY, for Plaintiff.

Carla Rose Karp , Glenn Stuart Kerner , Nilda M. Isidro , Goodwin Procter, LLP, New York, NY, for Defendant.


OPINION & ORDER

PAUL A. ENGELMAYER, District Judge:

Plaintiff Susan Simon ("Simon") brings this action sounding in negligence, strict products liability, and breach of implied warranty, against medical device manufacturer Smith & Nephew, Inc. ("Smith & Nephew"). Simon alleges that Smith & Nephew designed, manufactured, and distributed the "R3 Acetabular System" used in her hip replacement surgery, that the device was defective, and...

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