Defective Hip Implant Lawsuit Dismissed Because of Federal Jurisdiction

January 19, 2011 – Mass Device reports that a lawsuit against Stryker Corp. and its subsidiary, Howmedica Osteonics, for a defective hip implant has been dismissed (with prejudice) by a Texas federal judge. This hinges on a ruling that states federal law takes precedence over state law.   The lawsuit, filed by Egon Lewkut, was related to allegations that he had received a defective hip implant in November 2006. After experiencing pain in the hip, thigh and groin areas because of what was believed to be a loosening of a component and residue, Lewkut had to go through a revision surgery in January 2009.  Stryker was dismissed from the case in February 2010, which left Howmedica as the sole defendant in the lawsuit.

In April 2010, the entire lawsuit was dismissed, citing a case that had been heard in the U.S. Supreme Court in which medical devices that have been approved by the Food and Drug Administration (FDA)—a federally governing body—cannot be named in a product liability lawsuit based on state tort laws.  Filing a lawsuit based on a faulty component in a medical device can be difficult but it is not impossible. Approval of medical devices would be made more difficult if they had to undergo an approval process for each individual component that makes up a system.

This case demonstrates some of the challenges associated with pursuing a dangerous medical device claim and why legal counsel is so important in the fight for fair compensation. If you have suffered injuries because of a defective medical device, consulting with a defective medical device attorney who understands cases involving defective medical devices is in your best interests.

Contacting a Defective Medical Device Attorney

When you have sustained a serious injury or lost a loved because of a defective medical device you are entitled to seek compensation for your damages and suffering. Consulting with a defective medical device attorney can help you better understand your rights, determine liability for your injuries and decide if filing a defective medical device claim is right for you.  At Gacovino Lake & Associates we have formed a dedicated network of defective medical device attorneys that serve clients nationwide. Our New York office serves residents of the 5 boroughs with their auto accident, medical malpractice, defective drug, premises liability and Workers’ Compensation claims. For experienced help with your defective medical device claim, contact us today – 1-800-246-4878.

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