Hip Implant Suit Revived: Parallel Claims In Allegations Tying Manufacturing Flaw, Injury

A man who alleged he was injured by the failure of a recalled Trident hip implant stated non-preempted parallel claims for manufacturing defect against Stryker Corp., a federal appeals court held Jan. 31 (Bass v. Stryker Corp., 5th Cir., 11-10076, 1/31/12).

Adding to the body of law governing the pleading of parallel claims against makers of devices that undergo premarket approval (PMA), the U.S. Court of Appeals for the Fifth Circuit navigated what types of factual allegations satisfy the pleading requirements of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, ...