United States District Court, E.D. Pennsylvania
July 16, 2015
JAMES P. WILSON and JACQUELYN H. WILSON, Plaintiffs,
SYNTHES USA PRODUCTS, LLC, SYNTHES SPINE COMPANY, LP, SYNTHES SPINE, INC., SYNTHES USA HQ, INC., and SYNTHES NORTH AMERICA, INC., Defendants.
JEFFREY L. SCHMEHL, District Judge.
AND NOW, this 15th day of July, 2015, upon review of Defendants' Motion to Dismiss (Docket No. 3), Plaintiffs' Response thereto, Defendants' Reply and both parties' Notices of Supplemental Authority, and after a thorough review of the pleadings, it is hereby ORDERED as follows:
1. Defendants' Motion to Dismiss is GRANTED in part and DENIED in part;
2. Defendants' Motion to Dismiss is GRANTED as to the strict liability and negligent marketing claims set forth in Plaintiffs' Complaint, and these claims are stricken from the Complaint;
3. Defendants' Motion to Dismiss is DENIED as to the manufacturing defect, negligent design, failure to warn and negligence per se claims.