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...

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