Mack, et al. v. Stryker Corp., et al., No. 12-3130 (8th Cir. 2014)Annotate this Case
Plaintiff 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.