Mack, et al. v. Stryker Corp., et al., No. 12-3130 (8th Cir. 2014)
Annotate this CasePlaintiff filed a negligence and strict products liability suit against Stryker, the manufacturer and seller of the pain pump that was inserted into her shoulder to mitigate her pain while recovering from surgery. Plaintiff's husband filed a claim for loss of consortium. The court concluded that Stryker could not have foreseen the potential for articular cartilage damage as the result of the surgical implementation of its pain pump on the medical community's knowledge in 2002; Stryker, as a matter of law, had no duty to protect or warn plaintiff of the harm that Stryker's pain pumps may inflict; and the FDA denials did not indicate to Stryker that use of its pain pumps in intra-articular spaces was unsafe or could result in foreseeable harm. Accordingly, the court affirmed the district court's grant of summary judgment to Stryker.
Court Description: Civil case - Products liability. In an action alleging plaintiff developed chondrolysis after her surgeon implanted defendant's pain pump in her shoulder, the district court did not err in determining it was not reasonably foreseeable, based on the medical literature in 2002, that use of the pain pump in an articular joint would lead to joint damage; FDA denials of defendant's applications to use the pump in intra-articular spaces did not indicate to defendant that the pump was unsafe for such uses or that its use could result in foreseeable harm. Judge Bye, dissenting.
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