Biomet Knee Implant Claims Preempted by Federal Law, Ky. Judge Rules

ASHLAND, Ky. — A Kentucky woman’s lawsuit that accused Biomet Inc. of violating federal regulations in the manufacturer and sale of its Oxford knee implant has been dismissed as preempted by the Medical Device Amendments of the Federal Food, Drug and Cosmetics Act.

Judge Henry R. Wilhoit of the U.S. District Court for the Eastern District of Kentucky ruled Feb. 21 that plaintiff Garnet Kitchen failed to specifically allege how Biomet’s device violated FDA premarket approval requirements such that her state law negligence, strict liability and warranty claims “parallel” federal law and avoid MDA preemption.

Kitchen was implanted with the …