STORY FROM: Drugs & Medical Devices

Design Defect, Warning Claims Dismissed as Preempted in Cormet Hip Case; Plaintiffs May Amend

FORT MYERS, Fla. — Design defect and failure-to-warn claims asserted against Corin Group in a case involving its Cormet System hip replacement device are preempted because they seek to impose state law regulations that do not parallel federal law, a Florida federal judge has ruled.

In a Sept. 7 order, Senior Judge John E. Steele of the U.S. District Court for the Middle District of Florida further held that the negligence per se claims must be dismissed because they are not recognized under Florida law.

However, the judge allowed the plaintiffs to file a third amended complaint to cure ...

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Ogden & Sullivan
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