9th Circ. Revives Expert Testimony Against Howmedica

By Abigail Rubenstein

Law360, New York (March 10, 2010, 7:40 PM ET) -- A federal appeals court found Wednesday that a lower court had erred in excluding expert medical testimony from a suit against Howmedica Osteonics Corp. over an allegedly defective artificial elbow, reversing a grant of summary judgment to the medical device maker.

The U.S. Court of Appeals for the Ninth Circuit ruled that the U.S. District Court for the District of Nevada had wrongly determined that the plaintiff's medical expert's testimony would not assist a jury in the product liability suit.

In an opinion penned by Judge...
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