Plaintiff Loses Case Without Product Liability Experts

Stryker Corp. won in court when a federal judge in Alabama sided with the company’s Howmedica Osteonics subsidiary in a product liability dispute, ruling that the plaintiff missed a Nov. 30, 2009, deadline to assemble expert witnesses supporting her claims.  In a May 13 summary judgment, U.S. District Court Judge William Steele dismissed a four-count suit brought by an Gulf Shores, Ala., woman alleging Stryker and Howmedica sold defective prosthetic hips, including the one she received during replacement surgery in September 2007.

Plaintiff Judith Hughes failed to bring in product liability experts supporting her contention that the artificial hip was defective, with the plaintiff instead arguing that Stryker and Howmedica had “admitted to a manufacturing defect” by way of a January 2008 recall of the device and that “information regarding performance of the hip implant is a matter within the common knowledge of jurors.”  Steele tossed the case brought by Hughes “with prejudice,” meaning Hughes is barred from refiling the case.

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