Court Says Motion to Dismiss Smith & Nephew Hip Case on Preemption Grounds is Premature

CLEVELAND -- A federal judge has denied Smith & Nephew’s motion to dismiss a Birmingham Hip Resurfacing case on preemption grounds, saying the motion is premature given the status of discovery.

The Dec. 4 order by Judge David D. Dowd Jr. also denied the manufacturer’s motion to dismiss the complaint by Richard T. Fredrick Sr. for failure to state a claim.

Fredrick’s initial complaint was filed in Ohio state court and alleged injury from a Smith & Nephew prosthesis designed and manufactured by Smith & Nephew, the judge summarized. The specific model wasn’t identified. The defendant removed the action to …