STORY FROM: Drugs & Medical Devices

Negligence Per Se Claims Survive Preemption in Fla. Federal Cormet Hip Case

FORT MYERS, Fla. — Negligence per se claims in a Cormet metal-on-metal hip replacement case are not preempted because the plaintiffs identified the specific federal regulation that defendants allegedly violated, a Florida federal judge has ruled.

However, in the March 27 order, Judge John E. Steele of the U.S. District Court for the Middle District of Florida further held that the plaintiffs’ claims of strict liability and negligence per se are preempted because the plaintiffs did not allege violations of state law that “parallel” federal regulations. The judge permitted the plaintiffs to amend those claims.

Noel Romer underwent left hip ...

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