Alton Bass filed a product liability lawsuit against Stryker Corp in the Northern District of Texas in October 2009, alleging he received a defective hip implant. In the lawsuit, Bass said that within two years of receiving the implant, which consisted of four Stryker devices including a Trident 0 alumina insert, a V40 alumina femoral head, a shell, and an Accolate TMZ Plus hip stem, he had to undergo a second surgery because the hip implant shell became loose.
Bass alleges that the loosening occurred because “manufacturing residuals on the shell which prevented bony ingrowth.” Bass sued Stryker under numerous claims including strict liability, breach of warranty, negligence, and violation of the Texas Deceptive Trade Practices Act.
Stryker said Bass’ claims were preempted by the Medical Device Amendments of the Food, Drug, and Cosmetics Act, and won a motion to dismiss the lawsuit. However, the case was re-opened and Fifth Circuit Court Chief Judge Catharina Haynes granted that Bass could move forward on strict liability claims against the Stryker implant, so long as the claims are based on manufacturing defects, and not on claims of failure to warn, negligent manufacturing, marketing, breach of implied warranty or violation of the Texas Deceptive Trade Practices.