State Law Claims in Artificial Disk Case Preempted, Judge Rules

CORPUS CHRISTI, Texas - State law claims of products liability, deceptive trade practices and negligence brought against the makers of an artificial disk are federally preempted because they seek to impose requirements that are "different from or in addition to" those imposed by the Food and Drug Administration, a Texas federal judge has ruled. DeLeon v. Johnson & Johnson, et al., No. C-11-177 (S.D. Texas).

On July 1, Judge Janis Graham Jack of the U.S. District Court for the Southern District of Texas dismissed the claims against DePuy Orthopaedics and Johnson & Johnson.

Christine and Higinio DeLeon Jr. alleged that …