A request has been made to move a product liability case that was filed in a Pennsylvania Common Pleas Court. Legal representatives for Smith & Nephew, a medical technology company, have asked that the product liability case be transferred to federal court for reasons of diversity of citizenship between the parties and that the damages claimed exceed $75,000. Another medical technology company, Stryker Corp., was also named in the lawsuit.
The suit was filed when the plaintiff had problems following knee replacement surgery during which products manufactured by both defendants were implanted by surgeons. She experienced intense knee pain in the weeks after the surgery, and her knee did not feel right to the touch. Her orthopedic surgeon operated again and found the original replacement material had fallen apart. He then chose to use different material to replace her knee. This new substance was not made by either company named in the lawsuit.
Having more than one surgery has caused so much scar tissue to develop that she is not able to walk properly and is in constant pain. Another procedure was required to remove the scar tissue. She says she is permanently incapacitated and has lost her job, both as a result of having the defective implant placed in her knee.
A product liability suit can be filed when manufactured goods cause harm to consumers. Those who produce those goods can be held liable for medical, legal and other costs if found negligent in the design or manufacture of the product. Pennsylvania consumers who have been seriously injured by a dangerous product have the right to claim legal action against the companies that manufacture and sell those products.
Source: The Pennsylvania Record, Patient sues over failure of medical products used in knee replacement surgery, Jon Campisi, Feb. 28, 2014