Wednesday, December 04, 2013
After filing a complaint in Macomb County Circuit Court on behalf of a man claiming to have been injured as a result of a defective hip implant device, Robert Sickels succeeded in keeping that case in Michigan rather than seeing it consolidated with hundreds of similar cases against Kalamazoo-based Stryker Corporation and its Howmedica Osteonics subsidiary in a Minnesota federal court.
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 plaintiffs – the injured man and his wife – objected, arguing that there were sufficient allegations and evidence of Stryker’s control of Howmedica to justify keeping Stryker in the suit and returning the matter to Macomb County. Judge Patrick J. Duggan of the U.S. District Court for the Eastern District of Michigan agreed, and remanded the case.
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 Stryker and Howmedica. Since the complaint was filed in this case, Rob Sickels brought four additional lawsuits against the companies on behalf of plaintiffs claiming similar injuries.
Click here to learn more about the Stryker Rejuvenate device, its troubled history, and the injuries it is said to have caused.