Federal Judge Finds Trident Hip Claims Preempted or Not Viable

PITTSBURGH - A federal judge has dismissed a Pennsylvania plaintiff's allegations that a Trident hip implant system was negligently designed or manufactured, finding the causes of action either preempted by the federal Medical Device Amendments of 1976 or asserting a claim not recognized under state law. Gross v. Stryker Corp., No. 11-1229 (W.D. Pa.).

In granting dismissal with prejudice March 14, U.S. District Judge Nora Barry Fischer did not rule on defendant Stryker Corp.'s improper person argument.

Plaintiff Donald Gross contended in a complaint filed in the Allegheny County (Pa.) Court of Common Pleas that a Trident acetabular hip system …