Warning Claims Asserted in Smith & Nephew Hip Case Not Preempted, Ill. Federal Judge Rules

CHICAGO — Failure-to-warn claims asserted against Smith & Nephew Inc. in connection with its Birmingham Hip Resurfacing System are not expressly preempted because the state law claims allege harm caused by conduct that violates a federally imposed requirement, an Illinois federal judge has ruled.

In a June 23 order, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois noted the plaintiffs alleged that S&N failed to disclose information relevant to the safety and effectiveness of the BHR in violation of the rules the FDA set forth as a condition of premarket approval.

In March …