Judge Says Stryker Hip Case Preempted Unless Plaintiff Can Assert Parallel Louisiana Products Claim

NEW ORLEANS — A Louisiana judge has dismissed a lawsuit alleging injuries caused by a hip implant device manufactured by Stryker Corp., determining that it failed to assert state law claims that are not preempted by federal law.

Judge Susie Morgan of the U.S. District Court for the Eastern District of Louisiana granted the defense motion to dismiss April 10, but afforded plaintiffs one last opportunity to amend their complaint and assert viable parallel state law claims under the Louisiana Products Liability Act.

Vonda and Frank Kirtley sued Stryker nearly a decade after Stryker’s Trident Ceramic Acetabular System was implanted …