STORY FROM: Drugs & Medical Devices

Conn. Lawsuit Alleging Injury Caused by Smith & Nephew’s R3 Metal Hip Liner Dismissed with Prejudice

NEW HAVEN, Conn. — A Connecticut federal judge has dismissed with prejudice a lawsuit filed against Smith & Nephew in connection with its R3 metal hip liner, finding the claims of strict liability, negligence and breach of warranty are federally preempted and/or inadequately pled.

In a July 28 order, Judge Jeffrey Meyer of the U.S. District Court for the District of Connecticut found the plaintiff did not seek to impose state law regulations that “parallel” those imposed under federal law and pled no facts showing that S&N failed to perform the necessary testing or did not follow FDA specifications.

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Associated Law Firms
Cohen & Wolf
Danaher Lagnese & Neal
Irwin Fritchie Urquhart & Moore

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