Stryker Argues that La. Hip Complaint Doesn’t Allege ‘Unreasonably Dangerous’ Defect

NEW ORLEANS — Stryker Orthopaedics has moved to dismiss a lawsuit alleging that an incorrect femoral head was used in his hip implant surgery, arguing that the facts as alleged do not support a design defect claim under the Louisiana Products Liability Act.

Stryker filed its Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim Nov. 5. Plaintiff Dale Kramer has since asked the U.S. District Court for the Eastern District of Louisiana to continue the argument date to Feb. 12 to allow for additional discovery.

Kramer filed multiple petitions against Stryker Orthopaedics, Stryker Sales Corp., a …