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After the fourteenth CerviCore victim filed a lawsuit on Friday, Judge James D. Bates of the Lucas County (Ohio) Court of Common Pleas ruled that the accusations against CerviCore’s manufacturers cannot be filed under seal and must be made publicly available.
On Friday, Plaintiff Frank Aceste brought suit against Stryker Corporation, Howmedica Osteonics Corporation, and Hammill Manufacturing alleging he was injured by Stryker Spine’s medical device called CerviCore. According to the plaintiff, he participated in Stryker Spine’s clinical trial, but when the product turned out to be dangerous, the company abandoned the 260 people in the trial and many of them grow sicker every year.
On Monday, the Court denied the Motion to File Under Seal, placing the filing in the public domain.
Courts are split on whether cases should be advanced under seal. Some Courts allow corporations to put certain secrets out of reach of the public. Many Courts, however, have taken the position that the public is served by open, unsealed filings and those Courts routinely refuse requests to cloak proceedings in secrecy.
The public may benefit from learning the details of the CerviCore litigation. 259 other people received CerviCore devices and many may be watching the various lawsuits to learn about how harmful the device is. Still others may use the information to learn about the dangers of metal-on-metal devices or the perils of participating in a clinical trial where the manufacturer will not provide medical care when the device later fails.
Michelle is a founding partner of Zoll & Kranz, located in Toledo, Ohio. Michelle has been a plaintiff’s lawyer for the entirety of her practice – over 32 years. She devotes the majority of her time to complex consolidated litigation and class action including advocating for people injured by medical devices, prescription medications, or corporate negligence.
This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Zoll & Kranz, LLC and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Ohio injury lawyer, Michelle L. Kranz, you can do so here.
Zoll & Kranz, LLC does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
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