Stryker Pain Pump Suit Survives Dismissal in Kentucky

ASHLAND, Ky. - A Kentucky federal judge has refused to dismiss a suit alleging a connection between chondrolysis and the use of pain pumps in the joint space, ruling that the negligence and strict liability claims are timely because the applicable statute of limitations was tolled by the discovery rule. Roberts v. Stryker Corp., et al., No. 10-116 (E.D. Ken.).

In a July 18 order, Senior Judge Henry R. Wilhoit Jr. of the U.S. District Court for the Eastern District of Kentucky further ruled that the fraud claims were pleaded with the requisite particularity.

In May 2008, Thomas Roberts underwent …