Howard v. Zimmer, Inc.

LUCERO, Circuit Judge.

This case is before us for further consideration following receipt from the Okla homa Supreme Court of the answer to our question, which was certified to them on July 3, 2012.

After Dr. Brian Howard received a knee implant manufactured by Sulzer Orthopedics, Inc. (“Sulzer”) that failed to bond properly, Howard and his wife filed suit against Sulzer alleging negligence per se. Howard v. Zimmer, 711 F.3d 1148, 1149-50 (10th Cir.2012). Following the completion of earlier consolidated litigation, the district court dismissed the Howards’ negligence per se claim, predicting…