STORY FROM: Drugs & Medical Devices

Cormet Hip Lawsuit Dismissed on Preemption Grounds; Plaintiffs Granted Leave to Amend

TAMPA, Fla. — Claims filed against the manufacturers of a Cormet hip system are impliedly and expressly preempted because they are based upon state law requirements that do not parallel federal regulations, or impermissibly seek to enforce duties owed to the FDA, a Florida federal judge has ruled.

However, in the March 15 order, Judge William Jung of the U.S. District Court for the Middle District of Florida granted the plaintiffs leave to amend their claims.

Elizabeth Westerfield allegedly suffered injuries after being implanted with the Cormet metal-on-metal hip system. She and her husband sued Corin USA Limited, Corin Group ...

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Odgen & Sullivan
Shook Hardy & Bacon

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