Stryker Hip Recall Lawsuit Update: New York Judge Rejects Defendants’ Attempt to Dismiss Lawsuit Based on Statute of Limitations
In a Stryker hip recall lawsuit over the company’s Trident hip implant, Stryker Corp.’s motion for summary judgment on strict liability and negligence claims was recently denied by a New York federal judge. District Judge Katherine B. Forrest issued the order on November 9, 2012, rejecting the company’s argument that the three-year statute of limitations for the plaintiff’s claims began tolling in 2007, when the plaintiff first complained to his doctor about hip pain.
Judge Forrest ruled that a reasonable jury could find the statute did not start until 2009, when the plaintiff suffered from intensified hip pain. He found it inappropriate to rule on the issue at the summary judgment stage.
Statute of limitations claims are often complex and involve specific case facts, including when patients first noticed symptoms of a problem. If you are considering filing a Stryker hip recall lawsuit, consult a lawyer to learn more about these issues.
Our Firm continues to investigate potential Stryker hip recall lawsuits on behalf of patients who were injured after receiving a Stryker Rejuvenate or ABG II hip implant. Stryker recalled the modular neck stem components in July 2012 due to concerns of the devices’ tendency to fret and corrode, causing adverse effects in patients. These side effects include pain, inflammation, metallosis (or metal poisoning), and hip replacement failure, forcing patients to undergo revision surgery to have the defective implant removed.
At least ten Stryker Rejuvenate hip lawsuits have been filed in New Jersey Superior Court, which plaintiffs have requested be consolidated into a mass tort in Bergen County.
Learn more about filing a Stryker Rejuvenate or ABG II hip lawsuit by speaking to our Stryker hip lawyers today. You may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and more. Call 877-779-1414.