Plaintiff Challenges Removal of Stryker Hip Recall Lawsuit from State to Federal Court
The plaintiff in a recently filed Stryker hip recall lawsuit is challenging Stryker Orthopaedics’s removal of the case from state to federal court.
Plaintiff Connie Piccinonna filed the Stryker Rejuvenate lawsuit on September 4th in Broward County. She received a Stryker Rejuvenate hip system in her left hip on in September 2011 and in her right hip in January 2012. Piccinonna began to experience symptoms of metallosis and other side effects, including pseudo tumors, fluid collection around the prosthesis, and elevated metal ion levels. These Stryker hip side effects likely came from the fretting and corrosion of the titanium alloy in the hip implant.
Piccinonna underwent revision surgery to remove the defective left hip implant in August 2012. She also suffers from soreness and pain in her right hip, which still has the Stryker Rejuvenate implant.
On October 2, 2012, Howmedica Osteonics Corp. (Stryker Orthopaedics) filed a notice to remove Piccinonna’s case from state court in the U.S. District Court for Southern Florida. Howmedica claimed that the in-state distributor, Orthopaedic Solutions, was “fraudulently joined” with the manufacturer. They also filed a motion to dismiss the case on October 17, claiming that Piccinonna’s supporting details were not enough to maintain her allegations of negligence and strict liability of action.
On October 29, Piccinonna moved to remand her action to Broward County Circuit Court. She contends that her claims are viable against Florida defendant Orthopedic Solutions, and that Howmedica submitted a false affidavit from Orthopedic Solutions’ president Frank Russo to support the removal.
While Russo testified that Orthopedic Solution “is not now and has never been an agent of” Howmedica, Piccinonna charges that “these allegations are demonstrably false.” Piccinonna claims that Howmedica Senior Director of Sales, Rosemarie Morisco submitted an affidavit in a previous case and testifies of the relationship between Howmedica and Orthopedic Solutions.
She also cites a remand order in another Florida case in which the district judge rejected Howmedica’s argument that Orthopedic Solutions could not be found liable because it was not the product’s distributor. The judge made the ruling against the defendants.
In July 2012, Stryker Orthopaedics issued a voluntary Stryker hip recall of the Rejuvenate and ABG II hip implants, after data showed that the devices were prone to fretting and corrosion, causing complications and hip replacement failure in patients.
Victims of the Stryker hip recall are filing lawsuits to hold the manufacturer responsible and seek compensation for their injuries, including medical expenses, lost wages, and pain and suffering. To learn more about how to file a Stryker hip recall lawsuit, call 877-779-1414.