August 18, 2019

Tenth Circuit: Dismissal of Negligence Per Se Claim Reversed

The Tenth Circuit Court of Appeals published its opinion in Howard v. Zimmer, Inc. on Wednesday, May 29, 2013.

Howard filed suit against a knee implant manufacturer after his knee implant failed to bond properly. The Tenth Circuit had certified a question regarding the interplay of negligence per se and the Federal Food, Drug, and Cosmetic Act to the Oklahoma Supreme Court. That court answered “Oklahoma law allows private individuals to maintain a parallel claim for negligence per se based on violation of a federal regulation whose enforcement lies with a governmental entity.” Therefore, the court reversed dismissal and remanded.

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