Hip Replacement Claims are Not Preempted, 7th Circuit Rules

CHICAGO - Common law claims brought against the manufacturers of a hip replacement system are not preempted because they are based upon alleged violations of federal law, the 7th Circuit U.S. Court of Appeals has ruled, reversing an Illinois federal court ruling. Bausch v. Stryker Corp., et al., No. 09-3434 (7th Circuit).

On Dec. 23, the appellate court further ruled that the complaint stated a claim for relief that was "plausible on its face" and did not contain a fatal defect that would have justified the lower court's dismissal of the action with prejudice.

A Trident ceramic-on-ceramic hip replacement system …