Second Stryker Hip Recall Lawsuit Requests to Add Claims against New Defendant and to Remand Case to State Court
Another Florida plaintiff filing a Stryker hip recall lawsuit has requested to bring in new claims against an in-state defendant and to remand the case to state court.
Defendant Howmedica Osteonics Corp. requested for a consolidated hearing on the issue, which was rejected once another Florida Judge granted a similar motion to amend and remand in another Stryker Rejuvenate hip lawsuit. On November 30th, Judge Cecilia M. Latonia ruled in favor of plaintiff Jamie Simon’s motion to amend and remand the case by allowing Simon to name additional in-state defendants, though dismissing Simon’s claims against an alleged distributor in the original complaint.
Like Simon, plaintiff Connie Piccinonna also filed a Stryker Rejuvenate lawsuit against the hip manufacturer in Broward County Circuit Court in September, alleging that she received a defective Rejuvenate hip implant.
Piccinonna went through revision surgery to remove her right hip implant in August. She suffered from a pseudo tumor and fluid collection around the implant. Blood tests also revealed high levels of toxic metal ions from the “fretting” of the titanium alloy of the device.
Stryker removed both Simon and Piccinonna’s action to federal court, claiming that Florida defendant Orthopedic Solutions was falsely joined to defeat the District Court’s diversity jurisdiction and keep the lawsuits in state courts.
Piccinonna moved to remand her action to Broward County Circuit Court on October 29th, contending that she raised viable claims against Orthopedic Solutions and that Stryker submitted a false affidavit from Orthopedic Solutions’ president Frank Russo to support the removal. Piccinonna also moved to add claims against a second in-state distributor, Orthopedica Implant Professionals Inc. If the motion is successful, Piccinonna seeks to remand to state court.
In a November 27th reply to Stryker’s argument against her claims, Piccinonna said that “it is undisputed that Florida has expanded the doctrine of strict liability to virtually the entire chain of distribution.” Piccinonna contends that documents released in discovery show that OIP delivered the Stryker Rejuvenate hip implant to the hospital. The company had received it from Stryker seven months earlier. Her case is pending before Judge Marcia G. Cooke.
Stryker hip recall lawsuits continue to be filed by patients who received a defective Rejuvenate or ABG II hip implant and suffered from complications or hip replacement failure. Patients seek compensation for medical expenses, pain and suffering, lost wages and more. To learn more, call 1-877-779-1414.