Motion for Disqualification Denied in DePuy Summit Hip Implant Action

NEW YORK – A New York federal magistrate judge has denied a motion for disqualification filed by the losing plaintiffs in a hip implant case, ruling that his receipt of stock dividends from defendant Stryker Corp. does not warrant his disqualification pursuant to 28 U.S.C. § 455(a).

In a Dec. 12 order, Magistrate Judge Gary Stein of the U.S. District Court for the Southern District of New York explained that the standards for disqualification have not been met; therefore, under 2nd Circuit law, “disqualification is not optional; rather, it is prohibited.”

Jodi Rouviere was implanted with the DePuy “Summit” …