STORY FROM: Drugs & Medical Devices

Fla. Federal Judge Retains Jurisdiction Over Stryker Cutting Guide Action

ORLANDO, Fla. — A Florida federal judge has refused to remand an action alleging that a defective Stryker ShapeMatch Cutting Guide caused a knee replacement device to fail, finding the nondiverse Stryker sales representative cannot be held liable for negligence and must be dismissed from the case.

On Dec. 28, Judge Roy B. Dalton Jr. of the U.S. District Court for the Middle District of Florida found the plaintiff failed to provide evidence refuting the representative’s assertion that he did not negligently promote the device to the implanting surgeon.

The judge further held that the amount in controversy exceeds the ...

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Newsome Melton
Shook, Hardy & Bacon

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