Medical Device Co. Must Face Claims In Hip Implant MDL

By Emily Field (March 26, 2018, 8:32 PM EDT) -- A Maryland federal judge on Monday said medical device manufacturer Smith & Nephew PLC can't escape claims in multidistrict litigation alleging it misrepresented the safety of a hip implant device, finding that patients' negligence and other state law claims aren't barred by federal law.

U.S. District Judge Catherine Blake ruled that the majority of the patients' state law claims — including negligence, failure to warn and negligent misrepresentation — aren't preempted by the Food Drug and Cosmetic Act, because those claims parallel federal requirements for medical devices. Under U.S. Food and Drug Administration regulations, Smith & Nephew is required to spread...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Subscribers Only

Nature of Suit

Subscribers Only


Subscribers Only

Date Filed

Subscribers Only

Law Firms


Government Agencies

Judge Analytics

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!