Canty

BACKGROUND

25 Plaintiffs Richard and Betsy Canty allege that a defective metal-on-metal hip implant (“the 26 Implant”) manufactured and sold by Defendants caused Mr. Canty to sustain various injuries. Mr. 27 using the Implant. Three years later, Mr. Canty began to experience stiffness and pain and, in January of 2013, experienced excruciating right hip and groin pain. After right hip aspiration disclosed dark black liquid, he was diagnosed with right total hip infection and emergency surgery was performed to revise the Implant using a polyethylene liner. Following this revision surgery, the infection returned and after removal of the prosthesis and implantation of antibiotics, Mr. Canty underwent his fourth surgery, a right revision total hip arthroplasty. As a result of his injuries, Plaintiffs brought claims based on negligence, strict products liability based on failure to warn and design defect, fraud and fraudulent concealment, negligent misrepresentation, and breach of the implied warranty of merchantability. Ms. Canty also brings an additional claim for loss of consortium. This case was originally filed in this Court on…