Stryker Hip Recall Lawsuit Update: New York Federal Judge Rejects Defendants' Attempt To Dismiss Lawsuit Based On Statute of Limitations Grounds
Bernstein Liebhard LLP continues to investigate Stryker hip recall lawsuits stemming from the July 6th Stryker Rejuvenate and ABG II Modular Hip Stem Recall.
New York, NY (PRWEB) November 21, 2012
A New York federal judge has denied Stryker Corp.'s motion for summary judgment on strict liability and negligence claims in a Stryker hip recall lawsuit involving the company's Trident hip implant. In an Order dated November 9th, District Judge Katherine B. Forrest rejected Stryker's argument that the three-year statute of limitations for the Plaintiffs' claims definitively began tolling in 2007, when he first complained to his doctor about continuing hip pain. Instead, Judge Forrest ruled that a reasonable jury could find the statute did not begin to run until 2009, when the plaintiff's hip pain intensified. As such, the Judge found it inappropriate to rule on the issue at the summary judgment stage. (Cerqua, et ux. v. Stryker Corp., et al., No. 11-cv-9208 [KBF] [S.D. N.Y.])
“Statute of limitations issues in medical device cases can be complicated and often turn on very case specific facts, including when the patient first noticed symptoms of a problem. Patients considering hip replacement lawsuits should consult with a lawyer for more information about these issues” said Bernstein Liebhard LLP, a nationwide law firm that represents the victims of defective drugs and medical devices, including Stryker hip implants. The firm continues to investigate potential Stryker hip recall lawsuits on behalf of patients affected by the recent Stryker Rejuvenate and AGBII modular neck-stem recall.
Stryker Rejuvenate Lawsuits
Stryker recalled its Rejuvenate and AGBII modular neck-stems on July 6, 2012, due to a potential for fretting and corrosion at the modular-neck junction. Stryker warned in its recall notice that patients with the Rejuvenate or AGB II hip implant components may develop adverse local tissue reactions that could manifest with symptoms of pain and/or swelling.* The company has since been named in at least 10 Stryker Rejuvenate lawsuits in New Jersey Superior Court, and plaintiffs have requested that all such claims filed in the state be assigned to Judge Brian Martinotti in Bergen County.**
Bernstein Liebhard LLP is offering free lawsuit consultations to anyone affected by the Stryker Rejuvenate recall. Individuals who have endured hip implant failures, metal poisoning, pain, or revision surgery allegedly due to the Rejuvenate and AGB modular neck-stems may be entitled to file a Stryker hip recall lawsuit seeking compensation for their medical care, pain and suffering, and other damages. A wealth of information regarding the Stryker Rejuvenate recall is available at Bernstein Liebhard LLP's Stryker Rejuvenate recall website. Free lawsuit evaluations can be obtained by calling 877-779-1414.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs' Hot List,” recognizing the top plaintiffs' firms in the country, for the past 10 consecutive years.
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Felecia L. Stern, Esq.
Bernstein Liebhard LLP
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