Stryker Asserts Preemption Defense in Moving to Dismiss Trident Hip Class Action

BOSTON — Stryker Corp. (NYSE: SYK) has asked a federal judge to dismiss a class action filed by two Massachusetts recipients of the company’s Trident Ceramic-on-Ceramic Acetabular hip system, arguing that the single negligence cause of action is preempted by federal law.

Stryker said in its Dec. 21 motion that the claim asserted by plaintiffs in their first amended complaint refers to a Class III medical device, and that the U.S. Supreme Court held in Riegel v. Medtronic, Inc. (128 S. Ct. 999, 1003 [2008]) that such claims are expressly preempted by the Medical Device Amendments of 1976 to the …