Smith & Nephew Says Claims in BHR Hip Master Complaint Preempted

BALTIMORE — Plaintiffs’ claims in the Birmingham Hip Resurfacing MDL are expressly preempted because they require a ruling that the device should have been designed, manufactured, tested or labeled differently from the manner approved by the Food and Drug Administration, Smith & Nephew contends in a recent motion to dismiss.

In its Oct. 16 motion to dismiss plaintiffs’ master amended complaint and short form complaints, S&N argues that plaintiffs seek to impose state law requirements that are “different from or in addition to those imposed by federal law and therefore they are preempted.

S&N further maintains that plaintiffs improperly seek …