Nancy Fried v. Thomas P Schmalzried

I. Introduction

On November 9, 2021, Nancy Fried (“Fried” or “Plaintiff”) brought this action in the Los Angeles Superior Court, against the following defendants: Thomas P. Schmalzried, Thomas P. Schmalzried, M.D., a professional corporation (collectively, “Schmalzried”); Pinnacle West Orthopaedics (“PWO”); Gregory T. Switzer (“Switzer”); Golden State Orthopaedics, Inc. (“GSO”); and Bradford LaPoint (“LaPoint”).1 Ex. A, Dkt. 15-2 at 4-27. On November 22, 2021, Plaintiff filed a First Amended Complaint (“FAC”), which is the operative one, in which four other defendants were added: Medical Device Business Services, Inc., formerly known as DePuy Orthopaedics, Inc. (“DePuy”); DePuy Synthes Sales, Inc. (“DSS”); Johnson & Johnson; and Johnson & Johnson Services, Inc.2 Ex. 4, Dkt. 1-4 at 13, ¶¶ 5-41. The FAC advances the following six state-law causes of action arising from an allegedly defective hip implant system, the Pinnacle Hip System implant (“Pinnacle Implant”), that caused injury to Plaintiff: (1) strict product liability; (2) negligence; (3) fraud; (4) negligent misrepresentation; (5) breach of implied warranty; and (6) breach of express warranty. Id. at 12, ¶¶ 101-145. On…