Howmedica Faulty Hip Implant Suit Preempted: Judge

By Abigail Rubenstein

Law360, New York (April 20, 2010, 1:34 PM ET) -- A federal judge has tossed a lawsuit against Howmedica Osteonics Corp. over an allegedly defective hip implant, ruling that the plaintiff's claims were preempted by federal laws per the standard set by the U.S. Supreme Court in Riegel v. Medtronic Inc.

Judge Keith P. Ellison of the U.S. District Court for the Southern District of Texas on Friday dismissed with prejudice Egon Lewkut's lawsuit against the medical device maker, finding that each of his claims imposed requirements in addition to federal requirements and that the plaintiff...
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