March 13th, 2013|
March 13, 2013
An Indiana Defective Medical Device Lawsuit will move forward after the U.S. District Court for the Southern District of Indiana ruled against a request to have the case dismissed.
In August 2005, court documents show the victim had a Stryker Trident hip replacement device implanted in her body. Shortly thereafter though, the victim began to experience pain, as well as popping and squeaking of the device at the site of the surgery. According to Injury Lawyer News, the patient eventually had to have a corrective procedure performed.
The victim later filed a lawsuit against the manufacturer of the device, alleging the product was the direct result of her pain and suffering. Stryker and its subsidiary companies called for the lawsuit to be dismissed on the grounds the Medical Device Act states such claims should not be heard. The U.S. Food and Drug Administration approved the implant as a Class III device and the law prohibits such claims from being made in regards to this class. Also, the defendant claimed the lawsuit did not specify whether the injury was the result of the product or a doctor’s error during the implant surgery.
The court disagreed with Stryker’s claims though, saying the defendant had shown the legitimacy of the lawsuit.
The Terre Haute Personal Injury Attorneys at Fleschner, Stark, Tanoos & Newlin may be able to help if you are preparing to file a personal injury lawsuit against the manufacturer of a defective product.