A federal district court in Arizona issued a mixed ruling on a motion to dismiss liability claims involving spinal fixation screws, VitalLaw reported Jan. 30.
Claims of negligence per se were dismissed, but the court found allegations of strict liability design defects sufficient under state law.
The case stems from complications in an April 2019 spinal tumor surgery. The patient had surgery using Alphatec’s Arsenal spinal fixation system, which included implanted pedicle screws. Five years later the patient experienced severe lower back pain and imaging showed one of the pedicle screws at the L4 level had broken.
In a lawsuit, the patient claimed that product failures caused permanent injury and the need for additional surgery. The patient alleged that the screws had an outdated design that made them prone to fracture. But the court found that the claims didn’t identify any parallel state law or statute that would provide an independent basis for it.
The case will proceed based on design defect and breach of warranty claims.
A spokesperson for Alphatec didn’t immediately respond to a Feb. 3 request for comment from Becker’s.
