Stryker Implant Suit Meets Preemption Test: Judge

Law360, New York (June 7, 2010, 1:09 PM EDT) -- A federal judge has refused to dismiss as preempted a suit claiming Stryker Corp.’s Trident System was implanted in a patient’s left hip with package residues that caused the prosthesis to fail.

Judge Thomas A. Varlan's ruling, issued Thursday in the U.S. District Court for the Eastern District of Tennessee, held that plaintiff Marty Phillips's state law negligence and liability claims were not preempted by the federal Medical Devices Act of 1976.

The Kalamazoo, Mich.-based Stryker argued in its motion to dismiss that U.S. Food and...
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