A federal judge denies Stryker's move to quash a product liability lawsuit filed over its recalled Trident metal-on-metal hip implant.
Stryker (NYSE:SYK) can't dodge product liability, negligence and loss of consortium charges in a personal injury lawsuit filed over its recalled Trident hip implant, but a breach of warranty count is dropped due to the statute of limitations, a federal judge ruled this month.
Peter Cerqua and his wife Mary Lou Cerqua sued Stryker in 2011, alleging that the Trident implant in Peter Cerqua's left hip failed because it was defective. Although Cerqua's replacement hip procedures occurred in 2004, the device was not removed until 2009 because his doctor believed the pain he experienced was normal, according to court documents.
Judge Katherine Forrest of the U.S. District Court for Southern New York ruled that although the lawsuit was filed long after the implantation, a jury could conclude that the suit falls within New York's 3-year statute of limitations for product negligence and liability.