STORY FROM: Drugs & Medical Devices

Claims Against Supplier of Hip Components Preempted, Idaho Federal Judge Rules

February 6, 2019

BOISE, Idaho — The Biomaterials Access Assurance Act (BAAA) preempts product liability claims against the supplier of component parts used in a hip replacement system that later failed because the defendant was not identified as the manufacturer of the system, an Idaho federal magistrate judge has ruled.

On Jan. 30, Magistrate Judge Candy W. Dale of the U.S. District Court for the District of Idaho referred to a supply agreement which defined Lima Corporate S.p.a. as a biomaterials supplier of component parts, rather than a “manufacturer” of the DJO Modular Revision Femoral Hip Stem.

Jeffrey Connell underwent a total hip ...

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