Adams v. Zimmer US—civil—reversal—Scirica

Today the Third Circuit held that a district court erred in granting summary judgment in a hip-implant product liability case  because materials disputes remained about when the patient should have realized that her implant was defective. The district court ruled that, applying Pennsylvania’s discovery rule, the patient’s time to file expired shortly before she brought the suit. The Third Circuit reversed, holding that the district court erroneously resolved factual disputes about whether the patient’s pain was caused by a defective implant instead of incorrect adjustment.

Joining Scirica was Ambro; Greenaway dissented vigorously (e.g., “the Majority is simply on an intellectual—but ultimately irrelevant—frolic”). Arguing counsel were Third Circuit Bar Association immediate past president Chip Becker of Kline & Specter for the patient and Bruce Jones of Minnesota for the implant makers.