N.Y. Court Dismisses Trident System Complaint for Failure to Offer Factual Support

BUFFALO - A federal judge has dismissed an amended complaint alleging negligence and breach of warranty on the part of Trident hip implant manufacturers, saying the complaint makes only "vague" or unsupported allegations of wrongdoing by defendants. Desabio v. Howmedica Osteonics Corp., et al., No. 09-cv-287S (W.D. N.Y.).

Chief Judge William M. Skretny of the U.S. District Court for the Western District of New York also said in his Sept. 13 order that a plaintiff must do more than "simply incant the magic words" that the defendant violated federal standards to avoid preemption.

Plaintiff Sam Desabio initially brought his complaint …