FDA Approval Preempts DePuy Knee Device Suit, Judge Says

Law360, New York (March 18, 2013, 10:36 PM EDT) -- Johnson & Johnson unit DePuy Orthopaedics Inc. on Monday dodged a product liability suit alleging its P.F.C. Sigma Rotating Platform Knee device was defective when a New Jersey federal judge found that the claims are preempted by the U.S. Food and Drug Administration’s approval process.

U.S. District Judge Joel Pisano granted summary judgment to DePuy, ruling that that the claims by Michael Smith — a knee replacement patient who had the P.F.C. Sigma Rotating Platform Knee implanted in his right leg — were preempted by the...
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