Stryker Says Plaintiffs Failed to Plead Viable Breach of Warranty Claim Against Distributor

BOSTON — Defendants in the Stryker LFIT V40 multidistrict litigation have opposed motions to remand three cases to Massachusetts state court, arguing the plaintiffs have failed to plead a viable breach of implied warranty claim against nondiverse distributor Surgi-Care Inc.

In an Aug. 11 sur-reply filed in the U.S. District Court for the District of Massachusetts, defendants contend the claim fails as a matter of law because no sale involving a transfer of title took place between the hip device manufacturers and Surgi-Care.

In the three actions at issue, the plaintiffs, all Massachusetts residents, allege they suffered injuries following the …