WILSON et al v. SYNTHES USA PRODUCTS, LLC et al

Filing 30

ORDER THAT DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 7/15/2015. 7/16/2015 ENTERED AND COPIES E-MAILED.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES P. WILSON and JACQUELYN H.
WILSON,
Plaintiffs,
CIVIL ACTION
NO. 14-4724

v.
SYNTHES USA PRODUCTS, LLC, SYNTHES
SPINE COMPANY, LP, SYNTHES SPINE, INC.,
SYNTHES USA HQ, INC., and SYNTHES
NORTH AMERICA, INC.,
Defendants.
ORDER

AND NOW, this 15th day of July, 2015, upon review of Defendants’ Motion to
Dismiss (Docket No. 3), Plaintiffs’ Response thereto, Defendants’ Reply and both
parties’ Notices of Supplemental Authority, and after a thorough review of the pleadings,
it is hereby ORDERED as follows:
1. Defendants’ Motion to Dismiss is GRANTED in part and DENIED in part;
2. Defendants’ Motion to Dismiss is GRANTED as to the strict liability and
negligent marketing claims set forth in Plaintiffs’ Complaint, and these claims
are stricken from the Complaint;
3. Defendants’ Motion to Dismiss is DENIED as to the manufacturing defect,
negligent design, failure to warn and negligence per se claims.

BY THE COURT:

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.