Judge Trims Doc's $2.2M Indemnity Suit Against Device Maker

By Michael Lipkin (October 22, 2013, 10:52 PM EDT) -- A California federal judge on Tuesday threw out part of a surgeon's suit seeking to force medical device maker Smith & Nephew Inc. to indemnify him for a $2.2 million malpractice arbitration award over a botched surgery involving its product, saying the device had Food and Drug Administration approval.

U.S. District Court Judge Marilyn L. Huff partially granted the manufacturer's motion to dismiss indemnification claims related to a Smith & Nephew hip resurfacing device and manufacturer-designed procedures for its use on grounds that 1976 amendments to the Food, Drug and Cosmetic Act preempt claims that would impose different or additional requirements...

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