From Casetext: Smarter Legal Research

Phillippi v. Stryker Corp.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 9, 2012
No. 10-16651 (9th Cir. Mar. 9, 2012)

Summary

considering identical declaration submitted in Phillippi

Summary of this case from Todd v. Stryker Corp.

Opinion

No. 10-16651 D.C. No. 2:08-cv-02445-JAM-GGH

03-09-2012

ADAM PHILLIPPI, Plaintiff - Appellant, v. STRYKER CORPORATION; STRYKER SALES CORPORATION, Michigan corporations, Defendants - Appellees.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Eastern District of California

John A. Mendez, District Judge, Presiding


Argued and Submitted January 13, 2012

San Francisco, California

Before: WALLACE, NOONAN, and M. SMITH, Circuit Judges.

Adam Phillippi appeals from the district court's summary judgment in favor of Stryker Corporation and Stryker Sales Corporation ("Stryker") in Phillippi's diversity products liability action. Reviewing the district court's order de novo, see Alpha Delta Chi-Delta Chapter v. Reed, 648 F.3d 790, 796 (9th Cir. 2011), we affirm.

Phillippi argues that as a result of the implantation of a Stryker pain pump, he suffered chondrolysis, the complete or nearly complete loss of cartilage, in his shoulder joint. However, as the district court found, Phillippi provided insufficient evidence to raise a known or knowable risk of chondrolysis at the time of Phillippi's surgery such that Stryker had a duty to warn. See Brown v. Superior Court, 751 P.2d 470, 475-76 (Cal. 1988).

Phillippi also argues that the district court erred in excluding the declaration of Dr. Younger. Because the district court clearly found that the declaration was self-serving and lacking foundation, we hold that its exclusion was not an abuse of discretion. See ACLU of Nev. v. City of Las Vegas, 333 F.3d 1092, 1097 (9th Cir. 2003) (holding that evidentiary rulings made in the context of summary judgment are reviewed for an abuse of discretion); see also FTC v. Publ'g Clearing House, Inc., 104 F.3d 1168, 1171 (9th Cir. 1997) ("A conclusory, self-serving affidavit, lacking detailed facts and any supporting evidence, is insufficient to create a genuine issue of material fact.").

Accordingly, the judgment of the district court is AFFIRMED.


Summaries of

Phillippi v. Stryker Corp.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 9, 2012
No. 10-16651 (9th Cir. Mar. 9, 2012)

considering identical declaration submitted in Phillippi

Summary of this case from Todd v. Stryker Corp.
Case details for

Phillippi v. Stryker Corp.

Case Details

Full title:ADAM PHILLIPPI, Plaintiff - Appellant, v. STRYKER CORPORATION; STRYKER…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 9, 2012

Citations

No. 10-16651 (9th Cir. Mar. 9, 2012)

Citing Cases

Todd v. Stryker Corp.

Subsequently, the Court issued an order deferring the entry of judgment for Stryker pending the decision of…

Sharkey v. Stryker Corp.

But it nevertheless gives some credence to Plaintiffs' argument in this case that Rodriguez was wrongly…