Ferrari v. Johnson and Johnson
The plaintiff brought this case forward seeking damages for personal injuries sustained as a result of a defective product. The plaintiff alleged that the defendant’s product, a spinal system used in the plaintiff’s spinal surgery, was defective and fractured after being implanted, causing the plaintiff to need to undergo a second surgery. The plaintiff claimed that the defendant’s products were defective and lacked adequate warnings. In response, the defendant filed a motion for summary judgement on the ground that the plaintiff had failed to produce a witness to testify regarding the alleged product defects. The defendant further noted that the plaintiff was barred from bringing their failure to warn claim under the learned intermediary doctrine. The trial court granted the defendant’s motion for summary judgement. The plaintiff appealed.