Camille Carson v. Depuy Spine, Inc.

MEMORANDUM

Camille Carson appeals the district court’s grant of summary judgment in favor of DePuy Spine, Inc. We affirm. Because the parties are familiar with the facts and procedural history of this case, we need not recount it here.

I

The district court properly granted summary judgment on Carson’s negligent manufacturing claim concerning a Charite Artificial Disc, which is manufactured and distributed by DePuy. The disc is a Class III medical device regulated by the Food and Drug Administration (“FDA”) under the Food, Drug, and Cosmetics Act (“FDCA”), 21 U.S.C. § 360c et seq. In October 2004, the FDA granted pre-mar-ket approval (“PMA”) to DePuy Spine for sale and distribution of the Charite Disc in the United States.

To prove a negligent manufacturing claim under California law, a plaintiff must first show that the product as delivered departed from the governing specifications. A manufacturing defect occurs when the product “differs from the manufacturer’s intended result or from other ostensibly identical units from the same product line.” Barker v. Lull Engineering Co., 20 Cal.3d 413, 429 , 143 Cal.Rptr. 225 , 573 P.2d 443 (1978). If a product meets the design…