Benitez v. Synthes, Inc.

Summary Judgment Order

HODGES, District Judge.

In this action, the Plaintiff alleges claims of negligence and seeks damages for injuries he sustained after a Synthes intrame-dullary rod, which had been manufactured by the Defendant and surgically implanted in the Plaintiff, fractured inside the Plaintiffs leg. The Defendant has moved for summary judgment (Doc. 63) and the Plaintiff has responded (Doc. 77). Upon due consideration, the Defendant’s motion is due to be Denied in part and Granted in part.

Facts and Background

On June 12, 1998, Plaintiff Richard Ben-itez suffered severe injuries when…