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11th Cir. Reinstates Negligence, Strict Liability Claims Against Smith & Nephew in Hip Replacement Action

A federal appellate court has reinstated claims against Smith & Nephew Inc. in a Birmingham Hip Resurfacing System lawsuit, ruling that they are not preempted by federal law because they are not based solely upon a “fraud-on-the-FDA” theory and seek to enforce state requirements that parallel federal law.

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