5th Circuit Reinstates 'Parallel' State Law Claims in Trident Hip Case

NEW ORLEANS - A federal appeals court has reversed dismissal of strict liability, negligence and breach of implied warranty claims to the extent that they rely on Stryker Corp.'s alleged failure to comply with Food and Drug Administration requirements in manufacturing its Trident PSL Acetabular Shell. Bass v. Stryker Corp., et al., No. 11-10076 (5th Cir.).

The 5th Circuit U.S. Court of Appeals ruled Jan. 31 that these state-law claims allege violations of state law duties that parallel federal requirements. However, the appellate court affirmed dismissal of the strict liability, negligence, and Texas Deceptive Trade Practices Consumer Protection Act claims …