Design Defect, Warning Claims to Proceed Against Stryker in OP-1/Calstrux Lawsuit

BATON ROUGE — A Louisiana federal judge has allowed claims of design defect, failure to warn and breach of warranty to proceed against Stryker Biotech LLC in a lawsuit accusing it of unlawfully promoting the combination of its OP-1 Putty and Calstrux for use in spinal fusion surgeries.

On Dec. 19, Chief Judge Brian A. Jackson of the U.S. District Court for the Middle District of Louisiana found the plaintiff has sufficiently alleged that Stryker knew the combinatory product was dangerous, yet continued to promote it to the medical community.

On Nov. 15, 2006, William F. Boutte Jr. underwent …