Stryker, Howmedica Must Face Claims in Colo. Federal Hip Replacement Action
June 26, 2023
DENVER — A Colorado federal judge has denied Stryker Corp. and Howmedica Osteonics Corp. summary judgment in a hip replacement device action, ruling the claims are not expressly preempted because they involve a § 510(k)- cleared device that is not a “component” of a device that underwent the FDA’s Premarket Approval process.
In a June 22 order, Judge Charlotte N. Sweeney of the U.S. District Court for the District of Colorado further found there are questions of fact as to whether the defendants are shielded by the innocent seller statute.
Corinne Bennington underwent a total right hip arthroplasty on Aug. …