Negligence Per Se Claim Preempted in Knee Replacement Suit, Court Rules

TULSA, Okla. - A negligence per se claim brought against the manufacturer of a knee replacement device is federally preempted because it seeks to enforce or restrain violations of the Food, Drug and Cosmetic Act, an Oklahoma federal judge has ruled. Howard v. Sulzer Orthopedics Inc., et al., No. 02-564 (N.D. Okla.).

On June 21, Chief Judge Claire V. Eagan of the U.S. District Court for the Northern District of Oklahoma determined that Oklahoma state courts would find that the FDCA was intended to protect the public at large, rather than individuals.

Brian Howard received a Sulzer Natural Knee II …