Judge Jack Weinstein
Guisto’s hip was replaced with a Stryker "Trident System" implant on Sept. 7, 2006. The prosthesis failed almost immediately. Complaining of pain, she visited a series of diagnosticians between 2006 and 2011. Between December 2008 and February 2009 one doctor she visited expressed concern that the implant’s cup could have loosened. Stryker and its codefendants are not parties to Guisto’s March 4, 2009, medical malpractice action pending in state court. On Feb. 28, 2011, Guisto allegedly learned that the implant had failed to biologically fixate in her body. A residual organic compound left on the prosthesis after manufacture allegedly prevented the implant’s integration with bone growth. Stryker voluntarily recalled Trident System devices in 2008. Guisto underwent revision surgery in March 2011. District court granted defendants summary judgment dismissing her lawsuitinitiated on May 17, 2012as time barred under applicable statutes of limitations. According to Guisto’s explicit contentions, the injury resulting from the implant’s malfunction began long before the May 2009 cutoff date for a timely negligence action. Similarly, Guisto’s claims for breach of implied warranty expired in 2010, four years after she received the device.