Claims Based on Manufacturing Defect in Smith & Nephew Hip Implant Not Preempted, Conn. Judge Rules

HARTFORD, Conn. — Certain claims resulting from a fractured Smith & Nephew hip implant have survived preemption after a federal judge in Connecticut found the plaintiff sufficiently alleged that the device was manufactured in violation of FDA standards.

In a March 24 opinion, Judge Vanessa L. Bryant of the U.S. District Court for the District of Connecticut refused to dismiss any causes of action based on the plaintiff’s theory that a post-FDA approval, manufacturing defect in certain batches of the R3 Ceramic Ace Liner Biolox Forte caused his injuries. Other claims, including failure to warn, negligence and breach of express …