Stryker OP-1, Calstrux Lawsuit Remanded, Judge Finds Non-Diverse Sales Reps Not Fraudulently Joined

PHILADELPHIA — A Pennsylvania federal judge has remanded a lawsuit brought against Stryker Corp. in connection with its alleged promotion of the off-label combined use of OP-1 Implant and Calstrux, finding the non-diverse sales representative defendants were not fraudulently joined.

In a Jan. 30 order, Judge Juan R. Sanchez of the U.S. District Court for the Eastern District of Pennsylvania concluded that Stryker has failed to meet its "heavy burden" of showing that there is "no reasonable basis in fact or colorable ground supporting" any of the plaintiff’s claims against the sales representatives.

In 2007, Michael Hricik underwent spinal fusion …