Trident System Hip Claims Not Preempted, Missouri Judge Reiterates

ST. LOUIS, Mo. - The Medical Device Amendments do not preempt state law claims brought against Stryker Howmedica Osteonics in connection with its Trident System hip replacement device because they are "parallel" to federal requirements, a federal magistrate judge has reiterated. Warren, et ux. v. Stryker Howmedica Osteonics, No. 10-1346 (E.D. Mo.).

In a March 29 order that addressed Stryker's motion for reconsideration, U.S. Magistrate Judge David D. Noce of the U.S. District Court for the Eastern District of Missouri concluded that because plaintiffs allege that the manufacturer violated a federal requirement specific to the FDA's premarket approval of the …