Ill. Federal Judge Denies Smith & Nephew’s Request to Reconsider Preemption in Hip Resurfacing Case

CHICAGO — U.S. District Judge Robert W. Gettleman has denied Smith & Nephew’s (NYSE: SNN) request that he reconsider an April opinion in which he concluded that a hip resurfacing patient’s claims based on the manufacturer’s alleged violation of “current good manufacturing practices” are not preempted by federal law.

Judge Gettleman said in a three-page order denying Smith & Nephew’s motion July 1, that the court did not fail to address the distinction between the plaintiffs’ manufacturing defect and design defect claim, noting that plaintiffs have expressly disclaimed any claim that the system’s FDA-approved design is defective.

Cheryl and Ken …