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Plaintiff Challenges Stryker Hip Recall Lawsuit’s Removal from State to Federal Court

Published November 13th, 2012 by Sandy Liebhard

Connie Piccinonna, plaintiff in a recently filed Stryker Rejuvenate hip lawsuit, is challenging the defendant, Stryker Orthopaedics’ removal of the case from state to federal court.

Piccinonna filed the Stryker Rejuvenate lawsuit in September 2012 in Broward County, after receiving a defective Stryker Rejuvenate hip implant in her left hip and suffering from complications. She experienced symptoms of metallosis and had to get the defective hip removed.

She also received a Stryker Rejuvenate hip in her right hip, and reports experiencing soreness and pain from the hip implant. The Stryker hip side effects she experienced stemmed from the fretting and corrosion of the titanium alloy in the hip implant. In July 2012, Stryker issued a voluntary recall of the Rejuvenate and ABG II hip implant, citing precisely these safety concerns.

However, Stryker Orthopaedics motioned to remove Piccinonna’s case from Southern Florida state courts. They claimed that the in-state distributor, Orthopaedic Solutions, was “fraudulently joined” with the manufacturer. Stryker also filed a motion to dismiss the case two weeks later, claiming that Piccinonna’s supporting evidence failed to maintain her allegations of negligence and strict liability of action.

On October 29, Piccinonna moved to remand her action to Broward County Circuit Court. She contends that Stryker used a false affidavit from Orthopedic Solutions’ president, Frank Russo, as evidence to support the removal.

Russo testified that Orthopedic Solution “is not now and has never been an agent of” Stryker, and Piccinonna charges that “these allegations are demonstrably false.” According to Piccinonna, Stryker’s Senior Director of Sales, Rosemarie Morisco, submitted an affidavit in a previous case that shows that Orthopaedic Solutions is the South Florida agency of Stryker Orthopaedics.

Piccinonna is among the increasing numbers of Stryker hip recall victims who are filing Stryker lawsuits to seek justice and compensation. The lawsuits allege that Stryker manufactured and marketed a defective product, failing to warn patients about its risks. For more information, call .

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