Guidi

Guidi v. Stryker Corp.

Good Law
120 F. App'x 45
United States Court of Appeals for the Ninth CircuitJanuary 7, 2005No. 03-55410; D.C. No. CV-02-04918-PACalifornia754 words

Opinion

Lead Opinion

MEMORANDUM *

When Tanya Guidi was seventeen years old, a congenital hip disorder forced her to undergo total hip replacement surgery. Ten years later, Guidi noticed that her left hip would “catch and pop with pain.” After conferring with the orthopaedic surgeon who had implanted her prosthetic hip, Guidi was advised that the prosthesis had worn out and was severely damaging her pelvic bone. Guidi consulted with a second orthopaedic surgeon, who also advised her that the hip prosthesis had worn out and that she needed to undergo a second, restorative surgery. Guidi underwent restorative surgery on March 8, 2001. After that surgery, it was discovered that her hip prosthesis was defective and not simply worn out as she had been told by her doctors.

Guidi then filed suit against Stryker Corporation and Howmediea Osteonics Corp. (collectively “Stryker”), the makers of her hip prosthesis. In her suit, Guidi seeks damages for strict product liability, negligent product liability, breach of duty to warn, breach of warranty, and general negligence. At issue here is the district court’s order granting Stryker’s motion for summary judgment. In so ruling, the district court concluded that…

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