5th Circuit Affirms No Showing Of Bad Faith Spoliation In Lanx Pedicle Screw Case
Mealey's (August 18, 2016, 12:29 PM EDT) -- NEW ORLEANS — A panel of the Fifth Circuit U.S. Court of Appeals on Aug. 16 affirmed summary judgment in a pedicle screw case, finding that the plaintiff failed to show bad faith spoliation of evidence or fraudulent concealment of the device’s intended use from the Food and Drug Administration (Rocky Estes v. Lanx, Incorporated, et al., No. 16-60043, 5th Cir.).
(Opinion available. Document #28-160901-001Z.)
Rocky Estes was implanted with a Telluride spinal fixation system. After several months, the bone screws fractured and had to be...