Hip Replacement Device Claims are Preempted, Federal Judge Rules

BOISE, Idaho - Claims brought against the maker of a hip replacement device are preempted by the Medical Device Amendments to the Food, Drug and Cosmetic Act because the device is a Class III device that was subject to the Premarket Approval process, an Idaho federal judge has ruled. Cornwell v. Stryker Corp., et al., No. 10-66 (D. Idaho).

On Nov. 1, Judge Edward J. Lodge of the U.S. District Court for the District of Idaho dismissed the claims brought against Stryker Corp. and its subsidiaries.

Mabon Cornwell underwent a left total hip replacement on May 23, 2003, during which …