Court Says Suit Over Stryker Hip Implant Preempted

Law360, New York (December 2, 2009, 6:34 PM EST) -- A U.S. district court has dismissed a lawsuit against Stryker Corp. over an allegedly defective hip implant, finding the plaintiff's claims preempted under the Medical Devices Act.

Judge Gary H. Miller of the U.S. District Court for the Southern District of Texas dismissed the suit brought by Texas resident Ronald Funk against Stryker Corp., Stryker Sales Corp. and Howmedica Osteonics on Tuesday.

Judge Miller ruled that because Funk’s claims involve a Class III device approved by the U.S. Food and Drug Administration and are very like...
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