STORY FROM: Drugs & Medical Devices

Claims Asserted in Nevada Bone Cement/Bone Plug Action Preempted, Federal Judge Rules

RENO, Nev. — State law claims asserted in a lawsuit involving Stryker Corp.’s bone cement and Howmedica’s Bone Plug are federally preempted because they do not parallel requirements imposed under federal law, a Nevada federal judge has ruled.

However, in the Oct. 30 order, Judge Larry R. Hicks of the U.S. District Court for the District of Nevada allowed the plaintiff to amend his complaint, ruling that the claims are not time-barred.

Jacque Allen underwent right hip surgery on June 17, 2008, during which her surgeon used Stryker Corp’s Surgical Simplex P Radiopaque Bone Cement and Howmedica Osteonics Corp.’s Sterile ...

Associated Law Firms
Faegre Baker Daniels
Snell & Wilmer
Stephen Scheerer

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