Stryker fax lawsuit wins class action status
A lawsuit accusing Stryker Corp. of violating the Telephone Consumer Protection Act by faxing thousands of physicians wins class action certification.
A lawsuit filed by a physician's group against Stryker (NYSE:SYK) won its 3rd bid for class action status this week, after a federal judge in Michigan agreed to set the terms for eligibility for the class.
The lawsuit, filed by Physicians Healthsource Inc. in July 2012, alleges that Stryker and 3 of its subsidiaries broke the Telephone Consumer Protection Act by sending out more than 15,000 faxes, aiming to entice doctors to attend seminars promoting Stryker's hip and knee implant products, without including an opt-out option as required by the TCPA.
Judge Robert Jonker of the U.S. District Court for Western Michigan granted class certification Dec. 11, ruling that members of the class include anyone who meets certain criteria.