Adam Phillippi v. Stryker Corporation

MEMORANDUM

Adam Phillippi appeals from the district court’s summary judgment in favor of Stryker Corporation and Stryker Sales Corporation (“Stryker”) in Phillippi’s diversity products liability action. Reviewing the district court’s order de novo, see Alpha Delta Chi-Delta Chapter v. Reed, 648 F.3d 790, 796 (9th Cir.2011), we affirm.

Phillippi argues that as a result of the implantation of a Stryker pain pump, he suffered chondrolysis, the complete or nearly complete loss of cartilage, in his shoulder joint. However, as the district court found, Phillippi provided insufficient evidence to raise a known or knowable risk of chondrolysis at the time of Phillippi’s surgery such that Stryker had a duty to warn. See Brown v. Superior Court, 44 Cal.3d 1049 , 245 Cal.Rptr. 412 , 751 P.2d 470, 475-76 (1988).

Phillippi also argues that the district court erred in excluding the declaration of Dr. Younger. Because the district court clearly found that the declaration was self-serving and lacking foundation, we hold that its exclusion was not an abuse of discretion. See ACLU of Nev. v. City of Las Vegas, 333 F.3d 1092, 1097 (9th Cr. 2003) (holding that evidentiary rulings made in the…