California Stryker Accolade Hip Action Dismissed with Leave to Amend

SAN FRANCISCO — A California federal judge has dismissed with leave to amend a complaint against Stryker Corp. filed in connection with its Accolade hip system, ruling that the plaintiff failed to sufficiently plead his negligence and product liability claims.

On July 29, Judge Maxine M. Chesney of the U.S. District Court for the Northern District of California also dismissed with leave to amend a punitive damages claim, finding the plaintiff failed to allege that Stryker acted with oppression, fraud or malice.

James Bem sued Stryker and several healthcare providers in the Alameda County (Calif.) Superior Court, alleging that after …