Discovery Rule Applies To Stryker Pain Pumps: Judge

Law360, New York (October 29, 2010, 4:52 PM EDT) -- A judge has shot down medical technology company Stryker Corp.'s attempt to dismiss all claims in a product liability suit related to its pain pumps, determining that a discovery rule applies for product liability cases in Minnesota.

Lawyers for Stryker claimed in an Aug. 6 dismissal bid that the Minnesota Supreme Court had repeatedly refused to recognize the discovery rule, which was affirmed in 1987's Hildebrandt v. Allied Corp. in the Eighth Circuit. But Judge Paul A. Magnuson said those refusals involved claims of legal malpractice,...
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