Lafayette, LAA Stryker ShapeMatch lawsuit has survived a motion to dismiss by the defendants, although the plaintiff has been told she must amend her complaint. The ShapeMatch Cutting Guide lawsuit alleged the plaintiff was harmed by the use of the cutting guide, which was recalled since her surgery.
According to court documents, Ouita Corley had knee replacement surgery on March 30, 2009, and her surgery involved the use of the Stryker ShapeMatch Cutting Guide.
The ShapeMatch Cutting Guide, manufactured by Stryker Orthopaedics, is a single-use cutting guide, designed to help surgeons with knee replacement surgeries. Specifically, they were meant to be used along with an MRI to create an image of the patient’s knee to show the surgeon where to make incisions in the bone for implantation of knee components. The ShapeMatch Guides were supposed to allow surgeons to make smaller incisions in the patient’s knee and customize the surgery to each individual patient.
In April 2013, Stryker issued a Class I Medical Device Recall of the ShapeMatch. The recall was initiated after the FDA received 44 reports of events - including malfunctions - of the ShapeMatch Cutting Guide.
In August 2013, Ouita Corley filed a lawsuit against Stryker, alleging that her knee was misaligned due to the defective nature of the ShapeMatch. As a result, Corley reportedly suffers significant pain, discomfort, joint instability and limited mobility. Her lawsuit claims that diagnostic testing showed her knee is misaligned and must be replaced. Replacing the implanted knee device will require additional hospital time and hospital expenses.
Stryker filed a motion to dismiss the lawsuit, arguing that Corley’s complaint did not allege sufficient facts under the Louisiana Products Liability Act. Although the judge agreed with Stryker that the plaintiff’s lawsuit did not meet the requirements of the Louisiana Products Liability Act, he found that Corley should be given the opportunity to amend her complaint. As a result, he denied the motion to dismiss the lawsuit and gave Corley 30 days to file an amended complaint. Should she fail to do so, the defendants could again file a motion to dismiss.
The lawsuit is Corley v. Stryker Corporation, number 6:13-cv-02571, US District Court, Western District of Lousiana.
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