5th Cir. Reverses Summary Judgment Ruling for Stryker in Pain Pump Case; Remands for Further Discovery

NEW ORLEANS — A federal appeals court has remanded a Stryker pain pump case to a Texas federal court, finding a question of fact as to whether the plaintiff’s failure to discover his injury within the two-year limitations period was reasonable.

In a Jan. 6 order, the 5th Circuit U.S. Court of Appeals explained that the plaintiff must present evidence that his loss of shoulder cartilage was inherently undiscoverable during the limitations period.

Mark Milton sued Stryker Corp. and Stryker Sales Corp. in the U.S. District Court for the Southern District of Texas, alleging that a Stryker pain pump, which …