Navigation Links
Litigation Over Rejuvenate® Hip Implants to Be Conducted in Michigan State Court, Not Minnesota Federal Court
Date:12/4/2013

Southfield, MI (PRWEB) December 04, 2013

Michigan plaintiffs claiming to have been injured by a defective hip implant device recently scored a victory when Judge Patrick J. Duggan of the U.S. District Court for the Eastern District of Michigan held that a Michigan state court is the proper venue to oversee their lawsuit. Although the ruling applied to one matter in particular, it will likely impact all subsequent cases filed in state court alleging defects in the Rejuvenate hip prosthesis against Kalamazoo-based Stryker Corporation and its wholly owned subsidiary, Howmedica Osteonics Corporation.

In July, Attorney Robert Sickels of Sommers Schwartz, P.C. filed a complaint in Macomb County Circuit Court (Case Number 2013-001999-NP) on behalf of Arthur Curnow and his wife, alleging that the replacement devices implanted in Mr. Curnow’s left and right hips – devices sold under “The Rejuvenate® System” product name – were defective and that Stryker and Howmedica should be held jointly liable for its negligent design. The lawsuit claims that metal surfaces in each device’s modular neck and stem rubbed against one another, causing metallic debris to shed and destroy the surrounding tissue. Persistent hip pain forced Mr. Curnow to undergo to replace both of the defective devices.

According to court documents, after the complaint was filed Stryker and Howmedica sought to have the case removed to the federal court system from the state system on the basis that Stryker was not a proper party to the action and that Howmedica was solely responsible for the design, manufacture and sale of the product. The Curnows objected, arguing to the federal judge that there were sufficient allegations and evidence of Stryker’s control of Howmedica to justify keeping Stryker in the case and returning it to the state court system.

“Although Stryker wanted to distance itself from any responsibility for the Rejuvenate device and the wrongful conduct of its Howmedica subsidiary, Judge Duggan said not so fast,” explained Robert Sickels, counsel for the Curnows. “Because the Curnows and Stryker are both citizens of Michigan, state court is the proper jurisdiction for the case to be litigated.” He expects many more cases involving the Rejuvenate device to be filed in Michigan state courts.

“I know of at least four orthopedic surgeons in Michigan who were regularly implanting Stryker’s Rejuvenate device before it was recalled in July of 2012. The failure rate of these devices is appallingly high and a significant percentage of the devices will have to be removed in order to avoid serious, long-term joint damage,” said Sickels.

Since the Curnow case was filed, Sickels has filed four more cases in various circuit courts in Michigan, including St. Clair County Circuit Court, Wayne County Circuit Court, and Macomb County Circuit Court. “I doubt Stryker will attempt to remove those cases to federal court in light of Judge Duggan’s well reasoned opinion,” he said.

Approved for sale in the U.S. in 2008, the Rejuvenate device was implanted in an estimated 20,000 patients before Stryker issued a recall in July 2012 that also included its ABG II product, another modular stem design. Typically, hip implants are expected to last 15 to 20 years, but scores of Rejuvenate patients have suffered failures within two to five years after implantation.

_________________________

Sommers Schwartz, P.C., a law firm located in Southfield, Michigan, represents individuals in Michigan and across the country who have been harmed as a result of medical errors, defective products, loss of employment, and other forms of negligence or intentional injury, as well as businesses involved in complex litigation matters that jeopardize their existence. Additional information about Sommers Schwartz can be found on its website.

Read the full story at http://www.prweb.com/releases/2013/12/prweb11389992.htm.


'/>"/>
Source: PRWeb
Copyright©2012 Vocus, Inc.
All rights reserved

Related medicine news :

1. Stryker Hip Lawsuit News: Bernstein Liebhard LLP Notes Scheduling of December Case Management Conference in New Jersey Stryker Hip Recall Litigation
2. Pradaxa Lawsuit News: Wright & Schulte LLC Reports on Growing Pradaxa Bleeding Litigation, As Number of Filings Exceed 1,800
3. Transvaginal Mesh Lawsuits Progress, As Bernstein Liebhard LLP Notes Scheduling of Motions Hearing in Federal Vaginal Mesh Litigations
4. Transvaginal Mesh Lawsuit News: Bernstein Liebhard LLP Notes Upcoming Conference in New Jersey Vaginal Mesh Litigations
5. Federal GranuFlo Lawsuits Progress, as Bernstein Liebhard LLP Notes Issuance of New Case Management Order in GranuFo Recall Litigation
6. Pradaxa Lawsuit News: Bernstein Liebhard LLP Reports on November Status Conference in Federal Pradaxa Bleeding Litigation
7. DePuy ASR™ MDL Lawsuit Update: Settlement Reached in the DePuy ASR™ Hip Implant Multidistrict Litigation (MDL 2197)
8. DePuy ASR Lawsuit Settlement Proposal Moves Forward, as Bernstein Liebhard LLP Notes Issuance of New Order in Federal DePuy ASR Recall Litigation
9. Stryker Hip Lawsuits Move Forward, as Bernstein Liebhard LLP Reports on Most Recent Case Management Conference in New Jersey Stryker Hip Recall Litigation
10. As Da Vinci Robot Lawsuits Move Forward, Bernstein Liebhard LLP Announces New Website to Provide Consumers with Information on Ongoing Robotic Surgery Litigation
11. GranuFlo Lawsuits Mount, as Filings in Federal GranuFlo Recall Litigation Approach 400, Bernstein Liebhard LLP Reports
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:4/30/2016)... Michigan (PRWEB) , ... May 01, 2016 , ... Serenity ... approach to rehabilitation, has produced a new video that focuses on one of the ... their recent sessions and clips from interviews with a participating patients and the Yoga ...
(Date:4/30/2016)... ... April 30, 2016 , ... ... President and CEO of EMED, today signed a multifaceted agreement which will allow ... the Northern Caribbean University Department of Natural and Applied Sciences, Allied Health and ...
(Date:4/29/2016)... ... April 30, 2016 , ... Mercy College is expanding ... The following programs will be expanding due to high demand: Master of Business Administration ... will begin this summer. , School of Business Graduate Program Chair Dr. ...
(Date:4/29/2016)... ... April 29, 2016 , ... Our bodies are bombarded ... to confront and deal with these stressors is to adopt a more healthful diet, ... for you. Risa Groux, a certified Holistic Nutritionist and the creator of the Newport ...
(Date:4/29/2016)... ... April 29, 2016 , ... Conditions were ideal for Global ... Park on Sunday, with sunny skies, a light breeze and temperatures in the 60s. ... , The 5k Run and Walk and 1-mile walk were held to increase ...
Breaking Medicine News(10 mins):
(Date:4/28/2016)... NEW YORK , April 28, 2016 ... of online consumer insights on healthcare, announced today that ... in their report Cool Vendor in Life Sciences, ... , April 15, 2016.  The report focuses on life-science- ... to gain insight from patients and doctors, confirm medication ...
(Date:4/28/2016)... April 28, 2016   Acsis , a leading ... leading IT market research and advisory firm IDC has ... IDC MarketScape: Worldwide Pharmaceutical Track and Trace Software 2016 ... provides an assessment of the capabilities and business strategies ... software market. Logo - http://photos.prnewswire.com/prnh/20160427/360791LOGO ...
(Date:4/27/2016)...  Hologic, Inc. (Nasdaq: HOLX ) ... fiscal second quarter ended March 26, 2016.  GAAP ... 41.2%, and non-GAAP diluted EPS of $0.47 increased ... a reported basis, and 6.3% on a constant ... good quarter, highlighted by 14.6% growth in non-GAAP ...
Breaking Medicine Technology: