Court Finds Statute of Limitations Not Triggered by Hip Recipient’s Pain Complaints
November 19, 2012
DOCUMENTS
- Order
NEW YORK — A New York federal judge has denied summary judgment to Stryker Corp. (NYSE: SYK) on a Trident hip implant recipient’s strict liability and negligence claims, ruling that a three-year statute of limitations cited by defendants did not begin to run until the failed hip component was discovered during a second surgery.
District Judge Katherine B. Forrest on Nov. 9 rejected Stryker’s argument that Peter Cerqua’s time for filing began to run in 2007 when he first complained to his primary care physician of continuing hip pain, not in August 2009, when a surgeon discovered that the left …
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