Plaintiffs Karen R. and Edward R. recently filed a Stryker V40 lawsuit against the manufactures of the Stryker LFIT V40 femoral head. The lawsuit was filed in Massachusetts federal court and alleges the plaintiffs’ experienced adverse effects due to the product’s implantation.
According to the Stryker V40 lawsuit, the manufacturer of the hip replacement device is Howmedica Osteonics Corporation. Howmedica is a wholly owned subsidiary of Stryker Corporation. The plaintiffs, Karen and Edward, are residents and citizen of the state of Arizona.
According to the Stryker V40 lawsuit, Karen was implanted with the Accolade TMZF femoral stem in December of 2008. In June of 2012, Karen was implanted with the LFIT Anatomic CoCr V40 Femoral Head in that same hip. The surgery occurred at Banner Boswell Medical Center in Sun City, Ariz.
Karen had the femoral head removed in February 2015. The harm she suffered, according to the Stryker V40 lawsuit, include injury to herself and economic loss. Her spouse Edward asserts claims for loss of services and loss of consortium.
The Stryker V40 lawsuit maintains that the defendant’s actions caused Karen’s injuries. The Stryker V40 lawsuit further states that Karen “could not have known that the injuries she suffered were as a result of a defect in the devices at issue until after the date the device was recalled from the market and the plaintiff came to learn of the recall.” The recall was announced in August 2016.
The plaintiff asserts the following claims against the defendants: 1) Negligence; 2) Negligence Per Se; 3) Strict Products Liability- Defective Design; 4) Strict Products Liability- Manufacturing Defect; 5) Strict Products Liability- Failure to Warn; 6) Breach of Express Warranty; 7) Breach of Warranty as to Merchantability; 8) Breach of Implied Warranties; 9) Violation of Consumer Fraud and/or Unfair Trade and Deceptive Trade Practices Under State Law; 10) Negligent Misrepresentation; 11) Loss of Consortium; 12) Unjust Enrichment; 13) Punitive Damages.
Karen and Edward demand a trial by jury.
Stryker V40 Voluntary Recall
Stryker announced a voluntary recall pertaining to particular femoral heads that are commonly used in hip replacement procedures. The company sent out an “Urgent Medical Device Recall Notification” in August 2016. This letter was sent out to the medical community, particularly surgeons, advising them of the recall in Stryker LFIT V40 femoral heads that were manufactured before 2011.
The letter stated that the company had received a higher number of adverse event reports detailing complications that may have led to hip replacement failures.
Patients who were implanted with a Stryker V40 femoral head implant and suffered adverse side effects may be able to file a lawsuit against the medical device manufacturer. A products liability attorney can help potential plaintiffs determine if bringing a Stryker LFIT V40 lawsuit is right for them. Successful plaintiffs may receive may receive a monetary award that can help cover past and future medical bills.
The Stryker V40 Lawsuit is Case No. 1:17-cv-12169, in the U.S. District Court District of Massachusetts.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The hip implant attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, metal hip implant lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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