Wiggins v. Synthes (U.S.A.)
29 A.3d 9
| Pa. Super. Ct. | 2011Background
- Plaintiff-appellee James Van Rooyen III, a minor at filing, sued Synthes (U.S.A.) under strict liability malfunction theory for defective surgical screws used in SCFE treatment.
- Screws implanted November 2005 during CHOP surgery; initial X-rays December 2005 and January 2006 showed screws intact.
- July 27, 2006 X-ray revealed a reslip and breakage of the two screws; February 2007 surgery removed broken screws.
- December 2007 hip replacement at CHOP; October 2007 suit filed; trial held November 2009 before a jury.
- Jury returned $2,000,000 verdict for plaintiff; post-trial motions led to judgment of $2,109,339.32 including delay damages.
- Appellant challenged sufficiency of expert and circumstantial evidence under the malfunction theory; Pennsylvania law on malfunction theory applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of expert proof for malfunction and defect | Wiggins argues expert failed to prove malfunction/defect. | Synthes contends expert testimony insufficient to establish each element. | Trial court properly submitted; evidence sufficient. |
| Absence of abnormal use and lack of secondary causes | Appellee eliminated abnormal use/secondary causes to infer defect. | Manufacturer contends more proof needed to rule out abnormal use/secondary causes. | Lay and expert testimony supported elimination of abnormal use/secondary causes. |
| Causation under malfunction theory (proximate cause) | Sufficient circumstantial and expert evidence showed defect caused injury. | Defect not proven to be substantial factor by medical certainty. | Circumstantial and expert evidence satisfied causation under malfunction theory. |
| Jury verdict form and instructions | Special interrogatories should require showing no abnormal use and no secondary causes. | Malfunction theory elements incorporated in standard instruction; interrogatories appropriate as given. | Trial court correctly charged; verdict slip proper. |
Key Cases Cited
- Barnish v. KWI Building Co., 980 A.2d 535 (Pa. 2009) (malfunction theory elements tied to 402A defect proof; absence of abnormal use/secondary causes supports inference of defect)
- Dansak v. Cameron Coca-Cola Bottling Co., 703 A.2d 489 (Pa. Super. 1997) (circumstantial evidence admissible to show defect when product destroyed or unavailable)
- Vicari v. Spiegel, 936 A.2d 503 (Pa. Super. 2007) (expert testimony not always required to prove absence of abnormal use; standard applies to malfunction theory)
- Rogers v. Johnson & Johnson Products, Inc., 565 A.2d 751 (Pa. 1989) (strict liability and malfunction theory; circumstantial evidence permissible)
- Hamil v. Bashline, 392 A.2d 1280 (Pa. 1978) (medical certainty standard for expert testimony)