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Expert Analysis

A Riegel Analysis From The Great Northwest

Law360, New York (March 5, 2015, 10:52 AM EST) -- Another action involving claims against the manufacturer of a premarket-approved, Class III medical device was recently found expressly preempted under Riegel v. Medtronic.[1] On Dec. 11, 2014, in Herrnandez v. Stryker Corp., U.S. District Judge Ricardo S. Martinez of the Western District of Washington issued an order dismissing all of plaintiff Mary Jo Herrnandez's claims premised upon claims against Stryker's Trident hip replacement system.[2] The district court allowed plaintiff to file a motion for leave to amend the complaint to address the deficiencies if desired....

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