Medical Device Amendments Preempt Hip Implant Suit, Calif. Court Says

SAN FRANCISCO - A hip replacement device action brought against Stryker Orthopedics is preempted by the Medical Device Amendments because it seeks to impose regulations that are "different or in addition to" Food and Drug Administration requirements, a California federal judge has ruled. Rhynes v. Stryker Corp., et al., No. 10-5619 (N.D. Calif.).

On Oct. 27, Judge Samuel Conti of the U.S. District Court for the Northern District of California held that although the action is timely under the discovery rule, the plaintiff failed to allege violations of state law duties that parallel federal requirements.

In September 2010, Gloria Rhynes …