3rd Circuit Affirms Summary Judgment on Preemption Grounds in DePuy Knee Suit

PHILADELPHIA – The 3rd Circuit Court of Appeals has affirmed summary judgment for DePuy Orthopaedics in a suit alleging defects in an RP Knee device, saying all claims were preempted under the Medical Device Amendments to the Food, Drug and Cosmetic Act.

The Circuit Court also ruled in its non-precedential Jan. 14 opinion that the U.S. District Court for the District of New Jersey did not err in denying the plaintiff's bid for additional discovery before ruling on DePuy's summary judgment motion.

Michael Smith said in his complaint that he received an RP Knee device, with an RP tibial …