N.Y. Court Finds Smith & Nephew R3 Hip Allegations Preempted or Insufficient

NEW YORK — A federal judge has dismissed a multi-count complaint alleging defects in Smith & Nephew’s R3 Acetabular Hip System, saying the claims are either preempted under the Medical Device Amendments of 1976 or fail to state a claim for relief.

Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York issued an order Dec. 3 granting the dismissal sought by Smith & Nephew on strict liability, negligence and breach of implied warranty claims brought by plaintiff Susan Simon.

Simon said she underwent left hip replacement surgery in February 2010, receiving a “Smith …