Appeals Court Backs Lanx in Spinal Device Case Dismissal

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The 5th Circuit Court of Appeals has upheld a Mississippi federal court’s grant of summary judgment to Lanx Inc. in a state law suit involving its Telluride system. A patient in whom the system was implanted to fuse spinal vertebrae filed the suit after screws in the system fractured and broke. The appeal covered two claims that were dismissed — manufacturing defect and fraudulent concealment. It also covered denial of the plaintiff’s motion to compel production of all FDA pre-approval submissions for not only the Telluride pedicle-screw based system but also the company’s Aspen system.

A three-judge panel held that the lower court did not abuse its discretion in refusing to draw an adverse inference against the company because neither the hospital nor the plaintiff retained the broken screws when they were removed in a surgery that replaced the first implant. The judges also found that the fraudulent concealment claim was impliedly preempted under the Supreme Court’s Buckman ruling. And it said that the trial court did not abuse its discretion in denying the motion to compel production of FDA documents, given the dismissal of other claims.

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