3rd Circ. Gives 'Hybrid' Med Devices New Liability Shield

Law360 (March 6, 2018, 9:20 PM EST) -- The Third Circuit recently ruled that a patient with a so-called hybrid hip replacement can't bring negligence claims against Smith & Nephew because they are preempted by federal law, giving device makers a legal shield for products composed of parts with various levels of regulatory approval.

The appeals court in its published opinion tackled whether claims by Walter and Vivian Shuker over a hip replacement system made by Smith & Nephew PLC were preempted by the Federal Food, Drug and Cosmetic Act. The panel in a...
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