LaDonna S. Cade and John Cade v. Howmedica Osteonics Corp., d/b/a Stryker Orthopaedics

Tulsa, Oklahoma personal injury lawyer represented the Plaintiff who sued the Defendant on a product liability theory.



This case was filed in the Tulsa Cty Dist Ct, CJ-20-03184, and was removed to federal court by Stryker Orthopaedics.



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Key aspects of Oklahoma product liability law:



Strict liability: Manufacturers are strictly liable for injuries caused by defective products, regardless of their knowledge or negligence.

Defective product: A product is considered defective if it does not meet the reasonable expectations of an ordinary consumer, considering its intended use and marketing.

Defects: Common types of defects include:

Design defects: Inherent flaws in the product's design that make it unsafe.

Manufacturing defects: Errors made during the production process that result in a faulty product.

Marketing defects: Inadequate warnings or instructions that fail to inform consumers about potential hazards.

Burden of proof: The plaintiff (injured party) must prove the product was defective, the defect caused their injury, and the defect existed when the product left the manufacturer's control.

Defenses: Manufacturers can raise certain defenses to avoid liability, such as:

Misuse of the product by the consumer.

Alteration of the product after it left the manufacturer's control.

Unforeseeable intervening cause of the injury.

Damages: If successful, the plaintiff may recover compensation for:

Medical expenses

Lost wages

Pain and suffering

Property damage



Unique aspects of Oklahoma law:



Presumption of non-liability for products complying with federal standards: A rebuttable presumption exists that a product manufacturer or seller is not liable for injuries caused by a product that complies with mandatory federal safety standards or regulations.

Affirmative defense for inherently unsafe products: If a product is inherently unsafe and the consumer knows or should know of the risk, the manufacturer may have an affirmative defense. However, the manufacturer must also prove they provided adequate warnings.

Comparative negligence: Oklahoma follows a modified comparative negligence system. This means the plaintiff's recoverable damages can be reduced by their percentage of fault.

Settled for an undisclosed sum and dismissed with prejudice.