Claims May Proceed in Stryker Artificial Disc Case, Pa. Judge Rules

PITTSBURGH - A Pennsylvania federal judge has adopted a magistrate judge’s findings that negligence, manufacturing defect, fraud and breach of warranty claims brought against Stryker Spine (NYSE: SYK) in connection with its artificial disc implant are not federally preempted.

On Sept. 28, Judge Joy F. Conti of the U.S. District Court for the Western District of Pennsylvania also agreed with the magistrate judge that at this stage of the litigation, the plaintiff has sufficiently pleaded her claims.

Melinda Killen sued Stryker in the Allegheny County (Pa.) Court of Common Pleas, asserting claims arising from the surgical implantation of Stryker’s …