STORY FROM: Hip & Knee Implant Litigation

Judge Remands 3 Stryker LFIT Cases, Says Claims Against Nondiverse Distributor Not Preempted

BOSTON — A federal judge has remanded three Stryker LFIT V40 cases to state court, finding the nondiverse distributor defendant, Surgi-Care Inc., can be held liable for breach of implied warranty under Massachusetts law.

In an Aug. 31 order, Judge Indira Talwani of the U.S. District Court for the District of Massachusetts said defendants failed to point to any Massachusetts cases holding that it is impossible for medical device distributors to comply with both federal and state law. As such, plaintiffs’ claims against Surgi-Care are not preempted, the judge held.

In the actions, the plaintiffs — all Massachusetts residents — ...

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