Tolman v. Stryker Corp.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

ALAN B. JOHNSON, District Judge.

After Plaintiff Wallace Tolman broke his hip and femur in an ATV accident, he went to a hospital in Billings, Montana, where a doctor surgically inserted a medical device called the Gamma Nail # 3 to stabilize Mr. Tolman’s hip and femur. Months later, the gamma nail snapped while Mr. Tolman was at his home in Wyoming, causing Mr. Tolman intense pain in his hip and leg. Mr. Tolman, along with his wife, Plaintiff Jeanette Tolman, brought suit against Defendant Stryker Corporation, the…