Judge Dismisses Stryker Knee Case; No Evidence of Defect
Shook, Hardy & Bacon secured a dismissal on April 20 for client Stryker Corp. in a Stryker knee prosthesis product liability case, after a Florida federal judge dismissed with prejudice the case due to a lack of evidence of a design defect.
The complaint was filed in 2013 by Sandra Witt, who had an EIUS Unicompartmental Knee System implanted in 2008. The device was later removed and replaced in 2009. Witt sued the U.S. District Court for the Southern District of Florida, alleging that the knee prosthesis was defective because it was too loose. Stryker moved for summary judgment.
Witt argued that Stryker knew that the device was likely to loosen over time and that the device recall in 2012 was evidence of a design defect.
Judge James Lawrence King said Witt failed to show that the implant was defectively designed or that the alleged defect caused her injury. The judge also said that the recall does not prove a design defect.
Shook Miami Administrative Partner Hildy Sastre, Partner Rebecca Ocariz and Associate Iain Kennedy led the dismissal for Stryker Corp.
The complaint was filed in 2013 by Sandra Witt, who had an EIUS Unicompartmental Knee System implanted in 2008. The device was later removed and replaced in 2009. Witt sued the U.S. District Court for the Southern District of Florida, alleging that the knee prosthesis was defective because it was too loose. Stryker moved for summary judgment.
Witt argued that Stryker knew that the device was likely to loosen over time and that the device recall in 2012 was evidence of a design defect.
Judge James Lawrence King said Witt failed to show that the implant was defectively designed or that the alleged defect caused her injury. The judge also said that the recall does not prove a design defect.
Shook Miami Administrative Partner Hildy Sastre, Partner Rebecca Ocariz and Associate Iain Kennedy led the dismissal for Stryker Corp.
