Louisiana Federal Court Dismisses Hip Implant Suit With Prejudice, Cites Pleading Deficiencies

NEW ORLEANS –– A Louisiana federal court has dismissed a hip implant product liability suit with prejudice, citing the plaintiff’s repeated failures to cure pleading deficiencies in her proposed amended complaint.

In the May 22 order, the U.S. District Court for the Eastern District of Louisiana wrote that the proposed amended complaint, although not properly before the court, still did not “contain the requisite degree of factual specificity required to state a non-preempted parallel claim.”

Plaintiff Vonda Kirtley filed the underlying hip implant lawsuit against Stryker Corp. The defendant had previously moved to dismiss the case for failure to state …