Court Rejects Preemption in Suit Alleging Quality Issues in Smith & Nephew Hip Resurfacing System

CHICAGO — A federal judge has ruled that negligence and strict liability counts based on alleged quality control issues in Smith & Nephew’s (NYSE: SNN) Birmingham Hip Resurfacing System are not preempted by the Medical Device Amendments to the federal Food, Drug and Cosmetic Act.

In making that decision July 18, Judge Joan H. Lefkow of the U.S. District Court for the Northern District of Illinois followed a recent preemption ruling by another District Court judge (Elmore, et al. v. Smith & Nephew, No. 1:12-cv-08347; See a story on this case in this issue of HarrisMartin’s Hip & Knee Litigation …