Judge Allows Fraud Claim to Proceed Against Stryker

HARRISBURG, Pa. - A Pennsylvania federal judge has refused to dismiss a fraud claim brought against Stryker Corp. in a pain pump injury case, ruling that the claim was not a failure-to-warn claim in disguise. James v. Stryker Corp., No. 10-2082 (M.D. Pa.).

On Jan. 27, Chief Judge Yvette Kane of the U.S. District Court for the Middle District of Pennsylvania found that the plaintiff properly alleged that Stryker fraudulently marketed the pump for uses that had been rejected by the Food and Drug Administration.

Yolanda James underwent routine arthroscopic surgery on her left shoulder in October 2004. Following …