W.Va. Judge Remands Stryker Rejuvenate Case, Says Plaintiff Asserted Valid Claims Against Hospital

WHEELING, W.Va. — A West Virginia woman who sued a local hospital for turning an allegedly defective Rejuvenate hip implant over to Stryker Corp. after it had been surgically removed does not have to litigate her case in federal court, a judge has ruled.

According to a July 30 decision by the U.S. District Court for the Northern District of West Virginia Judge John Preston Bailey, plaintiff Beverly J. Lambert has asserted a valid claim against the hospital for intentional spoliation and product liability based on West Virginia law. As a result, Judge Bailey ruled, the hospital was not fraudulently …