ADAM PHILLIPPI V. STRYKER CORPORATION, No. 10-16651 (9th Cir. 2012)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 09 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ADAM PHILLIPPI, No. 10-16651 Plaintiff - Appellant, D.C. No. 2:08-cv-02445-JAMGGH v. STRYKER CORPORATION; STRYKER SALES CORPORATION, Michigan corporations, MEMORANDUM * Defendants - Appellees. 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 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 1 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. 2 3
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