Stryker Moves to Dismiss Accolade Hip System, Cites Pleading Deficiencies

SAN FRANCISCO –– Stryker Corp. has moved to dismiss a lawsuit involving its Accolade hip replacement system, saying in part that the plaintiff has failed to allege how the product was defective or how the defendant’s design caused the plaintiff harm.

In the June 17 motion, the defendant also asked the U.S. District Court for the Northern District of California to dismiss the punitive damages claim, arguing that the plaintiff has not established that the defendant acted with malice, oppression, or fraud.

Plaintiff James Bem asserted the claims, contending that he was implanted with Stryker’s Accolade hip replacement system and …