Claims Against Trident System Makers Preempted, Federal Judge Rules

CLEVELAND - State law 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 they call for requirements that are "different from or in addition to" those imposed by the Food and Drug Administration, an Ohio federal judge has ruled. Wilhite v. Howmedica Osteonics Corp., et al., No. 5:10-2471 (N.D. Ohio).

In a June 20 order, Judge Sara Lioi of the U.S. District Court for the Northern District of Ohio granted the Trident System manufacturers' motion for summary judgment.

Jerry and Rosemary White sued Howmedica …