Every so often a summary judgment decision comes along that makes you wonder whether the plaintiff thought the rules of civil procedure were more like suggestions. Neal v. Smith & Nephew Inc., 2026 WL 87302 (W.D. LA Jan. 12, 2026), is one of those cases.

The facts are familiar product liability territory. Plaintiff underwent hip replacement surgery with defendant’s medical device. A component of the device fractured leading to metal on metal wearing that caused plaintiff to suffer adverse reactions and require revision surgery.  Plaintiff filed suit under Louisiana law which allows for four types of products liability claims – inadequate warning, breach of express warranty, construction or composition defect (aka manufacturing defect), and design defect.  Plaintiff’s warning and warranty claims were dismissed at the pleadings stage.  The case progressed through discovery and reached the summary judgment stage. So far, nothing unusual. Where things went sideways—spectacularly so—was proof.

Under Louisiana law (and really, under the laws of physics and logic), plaintiff’s manufacturing defect theory requires proof that at the time the product left the manufacturer’s control, the particular device materially deviated from the manufacturer’s specifications or performance standards or from otherwise identical products. Id.at *2. That proof typically comes from—brace yourself—expert testimony. Someone has to know what the specifications were and how the product failed to meet them.

Instead of an expert, plaintiff relied exclusively on her medical records. Those records may have demonstrated that the device failed and that plaintiff was injured. What they did not show were the manufacturer’s design or manufacturing specifications, much less how this particular device strayed from them. Medical records can tell you a lot of things. They can tell you a device fractured, loosened, or migrated. What they generally cannot tell you is how a manufacturing process went wrong inside a factory years earlier.

Faced with this rather obvious gap in proof, plaintiff argued she could obtain an expert if only she had more time. Which is a bold argument when discovery has closed, dispositive motions are pending, and—minor detail—no extension was ever requested. Id. at *3. The court was not interested in granting a summary judgment rain check. The time to ask for more discovery is before summary judgment, not after.

Plaintiff’s design defect claim fared no better. Again, plaintiff relied solely on medical records. And again, those records may have shown that the device failed. But under Louisiana law, that’s not enough. A Louisiana design defect claim requires proof of a feasible alternative design that would have prevented the injury. Medical records do not identify alternative designs. They do not compare engineering tradeoffs. They do not explain how a different design would have reduced risk without sacrificing utility. That’s expert territory, and plaintiff once again showed up without a passport. No expert. No alternative design. No design defect claim. Id.

Perhaps sensing the trouble ahead, plaintiff advanced a novel and unsupported theory: listing doctors on a witness list creates a genuine dispute of material fact. If only it were that easy. Merely identifying treating physicians does not magically transform them into design engineers or manufacturing experts. Treating doctors can testify about diagnosis, treatment, and causation within their medical expertise. They generally cannot testify about whether a medical device deviated from manufacturing specifications or whether a different design would have been safer, especially when no expert reports say they will. A witness list is not evidence. It is not testimony. And it is not a substitute for expert opinions that were never disclosed.

In the end, summary judgment was granted across the board. And really, it should not have shocked anyone. Manufacturing and design defect claims involving complex medical devices almost always require expert evidence. This case was no exception. Failure alone does not prove defect. Injury alone does not establish liability. And hoping the court will give you extra time you never asked for is not a sound litigation strategy.