Ex-NFL Doc Ends $2M Indemnity Suit Against Smith & Nephew

Law360, New York (November 6, 2013, 4:06 PM EST) -- A California federal judge on Wednesday threw out a former NFL doctor’s $2.2 million suit against Smith & Nephew seeking immunity from a malpractice judgment related to injuries caused by a medical device after the two sides agreed to end the matter.

The development came two weeks after U.S. District Judge Marilyn L. Huff found that some of Dr. David Chao’s claims were preempted by the Federal Food, Drug and Cosmetic Act and that his allegations regarding inadequate warnings surrounding use of a hip resurfacer on...
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