Smith & Nephew Hip Implant Suit Survives Some Preemption

Law360, New York (December 16, 2015, 6:48 PM EST) -- A West Virginia federal judge said Tuesday he would allow a woman’s strict product liability and negligence claims to go forward in a suit claiming Smith & Nephew Inc. made a defective hip replacement that’s responsible for her injuries, though he dismissed the rest of her claims as preempted by federal law.

Untangling a web of whether Class III medical devices, which must be approved by the U.S. Food and Drug Administration under the Food Drug and Cosmetics Act, are preempted from state law claims, U.S. District Judge Thomas E. Johnston found that Anna Raab had sufficiently pled negligence and strict...

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