Stryker Trident Hip Lawsuit Dismissal on Preemption Upheld on Appeal
A federal appeals court has upheld the dismissal of a Stryker Trident hip replacement lawsuit, saying that a 2008 Supreme Court decision governing medical devices prevents the lawsuit from moving forward.
The decision was issued last week by the U.S. Court of Appeals for the Fifth Circuit, affirming a lower court’s decision that the lawsuit over problems caused by a Stryker Trident hip implant, which was filed by Ronald Funk, was preempted because the FDA approved the design of the medical device.
The court’s decision was based on a 2008 U.S. Supreme Court ruling in Riegel vs. Medtronic, which held that medical devices approved by the FDA were exempt from product liability lawsuits. That ruling has been interpreted as applying only to medical devices that were not fast-tracked through the agency’s 510(k) expedited approval process.
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Learn MoreA number of similar Stryker Trident hip lawsuits have been filed by individuals who experienced problems with the ceramic hip replacement, including reports of squeaking hips, loosening of the device and other complications that resulted in the need for hip revision surgery. The complaints allege that hip implant was negligently designed and that Stryker failed to adequately warn about the risk that individuals may experience problems.
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7 Comments
THOMASDecember 31, 2016 at 8:08 am
left hip done 2010 I got drop foot PALSEY out OF IT WAS HAVING TROUBLE WALKING ..AFTER 5YRS HIP POPPED OUT .HIP NOW MISALIEGNED VERY PAINFUL.I HAVE BRAIN FOG AND L LEG WILL NOT SUPPORT ME 12 TIMES ABOVE NORMAL COBOLT & CHROMIUM POISON IN BLOOD.THE BONE & MUSCLE HAVE BEEN EATEN AWAY .THE SURGEON WILL HAVE TO TAKE BONE OTHER PARTS OF BODY AND REBUILD HIP JOINT.I WLL NEVER WALK PROPERLY AGAIN.12W[Show More]left hip done 2010 I got drop foot PALSEY out OF IT WAS HAVING TROUBLE WALKING ..AFTER 5YRS HIP POPPED OUT .HIP NOW MISALIEGNED VERY PAINFUL.I HAVE BRAIN FOG AND L LEG WILL NOT SUPPORT ME 12 TIMES ABOVE NORMAL COBOLT & CHROMIUM POISON IN BLOOD.THE BONE & MUSCLE HAVE BEEN EATEN AWAY .THE SURGEON WILL HAVE TO TAKE BONE OTHER PARTS OF BODY AND REBUILD HIP JOINT.I WLL NEVER WALK PROPERLY AGAIN.12WKS CONVALESCENT .SO DONT SWAK ABOUT PAIN YOU PEOPLE GOT OF LIGHTLY COMPARED TO ME.I DONT COMPLAIN JUST GO AFTER STRYKER AND MAKE SURE YOU GET COMPENSATED FULLY
EmmaJune 25, 2012 at 8:48 pm
i had a Stryker metal on metal implant in June, 2006. It did not work right. I complained to a couple of doctors that said to have it exrayed by the surgeon who did it. Apparently he was afraid I would sue him. He said nothing wrong with it. I have constant pain from the defective parts. And it has caused me to fall a few times. I do not feel that Stryker should get away with not paying for their [Show More]i had a Stryker metal on metal implant in June, 2006. It did not work right. I complained to a couple of doctors that said to have it exrayed by the surgeon who did it. Apparently he was afraid I would sue him. He said nothing wrong with it. I have constant pain from the defective parts. And it has caused me to fall a few times. I do not feel that Stryker should get away with not paying for their defective parts. Help get them to do this.
WeberJuly 27, 2011 at 8:16 pm
My husband had bilateral hip replacements in 2005, a revision in 2008, and now the other hip has failed and he needs another revision. He has not been the same since his hip replacements. He is also in pain every day and only 35 years old. We spent $10,000 in out of pocket medical expenses and had a very small settlement (didn't even cover out of pocket expenses) as we were told take it or get [Show More]My husband had bilateral hip replacements in 2005, a revision in 2008, and now the other hip has failed and he needs another revision. He has not been the same since his hip replacements. He is also in pain every day and only 35 years old. We spent $10,000 in out of pocket medical expenses and had a very small settlement (didn't even cover out of pocket expenses) as we were told take it or get nothing. Riegel vs. Medtronic needs to be overturned as this is not fair to the middle class family who are trying to make ends meet and continue to have health issues and medical expenses we didn't ask for. I am very disappointment in our judicial system when it has been determined NO ONE is accountable for the mess Stryker has caused with their product.
edwardMay 18, 2011 at 9:04 pm
my fellow implant share'si had 2bilateral hip repalcemennts in 2007 and havent been the same since then, the courts and the fda are in on this using us as ginune pigs is the most greedy thing todo people lying saying after having these implants put in there will be no pain and you would live a normal life,,what a bunch lies i have been in pain since ive had them, i ve been fighting ssd to get that[Show More]my fellow implant share'si had 2bilateral hip repalcemennts in 2007 and havent been the same since then, the courts and the fda are in on this using us as ginune pigs is the most greedy thing todo people lying saying after having these implants put in there will be no pain and you would live a normal life,,what a bunch lies i have been in pain since ive had them, i ve been fighting ssd to get that and there telling in to young and i still have hands and arms,,wow like there saying the hell with you in so many words,i mean thier not even trying to helps us so i think we need to fight harded to compensation for what they have put us through. this our life and they have taken it away if they new they was putting bad implants in people.
JenniferApril 21, 2011 at 9:50 am
This whole federal preemptive thing is just ridiculous. My husband has not had a day with out pain in 5 years. Not only not being able to work, he has missed out on playing a simple game of catch with his son. Someone needs to be held accountable for this. He shouldn't have to suffer another day. He is 26 years old. This is supposed to be the prime of his life.
DebraMarch 1, 2011 at 8:17 pm
I received a striker trident implant June of 2009. After which I was worse and not better. When I went back to the surgeon, he said there was nothing wrong with my hip and that it was my back. Then I had back surgery for a buldging disk. It did not get better, I went back to the hip surgeon and he again said there was nothing wrong with my hip. I went back to the back surgeon and had surgery f[Show More]I received a striker trident implant June of 2009. After which I was worse and not better. When I went back to the surgeon, he said there was nothing wrong with my hip and that it was my back. Then I had back surgery for a buldging disk. It did not get better, I went back to the hip surgeon and he again said there was nothing wrong with my hip. I went back to the back surgeon and had surgery for a ruptured disk. It still did not get better so I went back to the hip surgeon who sent me for a full body bone scan this time. The scan showed that there is something wrong with my hip and it needs to be replaced again. this is crazy
TeddyFebruary 26, 2011 at 6:34 am
We as stryker implant patients need to continue or cry from the legal system as I know everyone pain who have this product. Everyone is responsible for there action exspecially a company. Stryker should not be allowed to hide behind the FDA because the FDA didnot make this product Stryker Corp. made it.