Court Rejects MDA Preemption Defense in Howmedica Trident Hip Case

INDIANAPOLIS — A federal judge has declined to dismiss Howmedica (NYSE: SYK) from a Trident hip case, saying that despite not alleging specific federal law violations, the plaintiff sufficiently alleged a manufacturing defect to avoid Medical Device Act preemption.

The ruling came from Judge Tanya W. Pratt of the U.S. District Court for the Southern District of Indiana in a case alleging defects in a Trident hip device.

Darlene A. Gray complained that she received a Trident hip device in her left hip in August 2005, and that she later experienced pain and heard “squeaking” and “popping” sounds before the …