BOSTON – The lawsuit of a Berks County man alleging that components installed in his body after a hip surgery failed and subsequently injured him, is now headed to a Massachusetts federal court through multi-district litigation.
Michael Lease of Reading first filed suit in the Berks County Court of Common Pleas on June 2 versus Stryker Corporation and Stryker Orthopaedics of Kalamazoo, Mich. and Stryker Sales Corporation, of Pontage, Mich.
Lease underwent a total hip arthroplasty on Oct. 5, 2015, requiring the placement of a femoral stem (Accolade II Neck Angle Hip Stem), liner, acetabular cup and femoral head (LFIT V40).
“In August 2017, the plaintiff began experiencing significant pain in his hip. Plaintiff’s pain continued to increase in severity, eventually requiring a total revision of his hip arthroplasty on Feb. 6, 2018,” the suit states.
“Plaintiff’s post-operative diagnoses was a failed right total hip arthroplasty secondary to adverse local tissue reaction metal-on-metal trunnions debris with likely asceptic loosing of the acetabular component.”
According to the complaint, the stem and head were defective, necessitating Lease to have a second surgery.
As a result of the defective LFIT V40 Femoral Head and Accolade II Neck Angle Hip Stem, plaintiff suffered serious personal injuries which include, but are not limited to significant pain and the recovery necessary from plaintiff’s second surgery, the suit says.
Lease alleges the items were sold in a defective condition, before they were installed into him.
Due to the amount in damages being sought and diversity of citizenship between the parties, the case was removed to the U.S. District Court for the Eastern District of Pennsylvania on June 11.
However, a conditional transfer order filed on June 25 explained that since nearly 140 similar cases to the plaintiff’s and against the defendants had been transferred to the U.S. District Court for the District of Massachusetts since April 5, 2017, the instant case would also likewise be subject to the same judicial transfer of venue.
“After considering the argument of counsel, we find that the actions in this litigation involve common questions of fact, and that centralization in the District of Massachusetts will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation,” the 2017 order read.
“Centralization will avoid duplicative discovery on such complex issues as the design, testing, manufacturing, and marketing of the LFIT V40 cobalt-chromium femoral head device and related motion practice. Centralization is consistent with our past decisions in other similar hip implant dockets.”
The newly-filed order effectuated the transfer of the case to Massachusetts.
“Pursuant to Rule 7.1 of the Rules of Procedure of the U.S. Judicial Panel on Multidistrict Litigation, the actions on the attached document are transferred under 28 U.S.C. Section 1407 to the District of Massachusetts for the reasons stated in the order of April 5, 2017, and, with the consent of that court, assigned to the honorable Indira Talwani,” the transfer order stated.
For a count of product liability, the plaintiff is seeking damages in excess of $50,000.
The plaintiff is represented by Edwin L. Stock of Roland Stock, in Reading.
The defendants are represented by Stephen J. Finley of Gibbons P.C., in Philadelphia.
MDL No. 2768
U.S. District Court for the Western District of Pennsylvania case 5:20-cv-02785
Berks County Court of Common Pleas case 19-15093
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com