5th Circ. Allows State Claims In Stryker Implant Suit

Law360, New York (February 1, 2012, 5:35 PM EST) -- The Fifth Circuit on Tuesday revived parts of a lawsuit against Stryker Corp. over faulty hip replacements, ruling state liability and negligence claims are not preempted by the Food, Drug and Cosmetic Act if they are based on allegations that a product was manufactured in violation of federal standards.

A three-judge panel ruled that a Texas federal court erred in finding that plaintiff Alton Bass’ state claims did not parallel U.S. Food and Drug Administration requirements and were therefore preempted by the FDCA.

Bass alleged he...
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