Court Rules Against J&J Unit In Artificial Disc Case

Law360, New York (April 13, 2007, 12:00 AM EDT) -- A Massachusetts state court has rejected DePuy Spine Inc.’s request to dismiss four product liability lawsuits brought against the company over its spinal disc product.

In its motion to dismiss, the Johnson & Johnson unit alleged that the state law claims of the plaintiffs were preempted by the Medical Device Amendments of the Food, Drug and Cosmetic Act.

But on April 9, Judge E. Susan Garsh of the Bristol Superior Court ruled that the product liability claims against DePuy’s Charité Artificial Disc were not preempted by...
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