Stryker Entitled to Summary Judgment in Gamma3 Nail System Action, 10th Cir. Affirms

OKLAHOMA CITY — A district court properly awarded Stryker Corp. summary judgment on claims of negligence and strict products liability in a Gamma3 Nail System action because the plaintiffs failed to produce evidence that the device was defective, a federal appeals court has ruled.

On Feb. 19, the 10th Circuit U.S. Court of Appeals found Stryker identified failure of the plaintiff’s fracture to heal adequately as a reasonable secondary cause of the device’s failure.

Wallace Tolman broke his hip and femur in September 2008 when he was involved in an ATV accident. A hospital physician used Stryker’s Gamma3 Nail system …