Knee Implant Lawsuit Over Mako Restoris MCK System Removed to Federal Court

A product liability lawsuit recently filed against Stryker and Mako Surgical Group in Georgia state court, over problems with a Restoris Multi-Compartmental Knee (MCK) implant, has been removed to the federal court system.

The complaint (PDF) was filed last month by Hazel Perry in the Superior Court of Gwinnett County, alleging that the Mako Restoris MCK system was defective and failed less than a year after it was implanted, resulting in the need for hospitalization and revision surgery.

The manufacturers removed the case to the U.S. District Court for the Northern District of Georgia last week, due to diversity of citizenship between the parties, as Stryker is based in Michigan, Mako, is based in Delaware and Florida and Perry resides in Georgia. Mako is a subsidiary of Stryker.

The Mako Restoris MCK implant was used during a right knee total replacement surgery in October 2015. By May 2016, the lawsuit indicates that the knee implant was loosening and she required revision surgery in June 2016, at which time a surgical pathology report identified the defective knee implant as the cause of the failure.

“As a direct and proximate result of the defective Restoris MCK, Plaintiff has suffer catastrophic injuries and damages, including medical expenses, mental and physical pain and suffering, and loss of consortium,” Perry’s lawsuit states. “In the future, Plaintiff will require therapeutic medical care and other necessary expenses.”

The Mako Restoris Multicompartmental Knee (MCK) is an implant system designed for use as part of robotic-assisted surgery, which is manufactured by Stryker Corp. The Mako robotic arm is used in the procedures to help the surgeon follow a planned path for removing bone and cartilage.

The case comes as a growing number of knee replacement lawsuits have been filed in recent months against the manufacturers of different devices, which plaintiffs allege failed due to design defects.

In addition to this case against Stryker over the Mako knee implant, product liability lawsuits have been filed in recent months over problems with the DePuy Attune Knee,Exactech Optetrak Knee, and Arthrex iBalance Knee.

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