N.Y. Judge: Smith & Nephew R3 Hip Implant Lawsuit Preempted

NEW YORK — A New York judge has ruled that personal injury claims against Smith & Nephew resulting from alleged defects in its R3 Acetabular System hip replacement are preempted by federal law.

In a March 17 decision, Judge Brian M. Cogan held that although the R3 System’s status as a 510(k) approved device makes it unlikely that state law claims arising solely from its failure would be barred by federal law, a plaintiff’s use of the device in conjunction with the company’s R3 metal liner makes preemption unavoidable.

Judge Cogan’s preemption ruling came in what he called a …