5th Circuit Affirms Dismissal of Hip Replacement Suit

NEW ORLEANS - A federal appeals court has affirmed dismissal of a defective hip replacement suit brought against Stryker Corp., ruling that the plaintiff did not adequately plead manufacturing defect claims parallel to the federal regulation requirements. Funk v. Stryker Corp., et al., No. 10-20022 (5th Cir.).

On Jan. 25, the 5th Circuit U.S. Court of Appeals found that the first amended complaint was "impermissibly conclusory and vague."

In March 2007, Ronald Funk underwent a total hip replacement, during which his surgeon implanted a Stryker Trident System artificial hip replacement. Following surgery, Funk experienced ongoing pain in his right hip. …