5th Circ. Gives Stryker Knee Implant Action New Life

Law360, Washington (August 24, 2011, 1:37 PM EDT) -- The Fifth Circuit on Tuesday revived a product liability suit against Stryker Corp. unit Howmedica Osteonics Corp. over alleged defects in a prosthetic knee, which a Texas federal court had dismissed as time-barred.

Plaintiff Lynn Brandau's suit alleges that Howmedica is liable for design, manufacturing and marketing defects relating to a Scorpio TS prosthesis implanted in her right knee.

A three-judge panel found that Brandau could rely on a Texas rule governing discovery of potential personal injury claims to delay the accrual of her claim. The...
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