N.Y. Judge Rejects Effort to Revive Smith & Nephew R3 Hip Implant Claims

NEW YORK — A federal judge in New York has refused to revisit a ruling that dismissed as preempted several claims brought against Smith & Nephew for injuries caused by the company’s allegedly defective R3 Acetabular hip implant system.

In an opinion denying a motion to reconsider the decision, U.S. District Judge Paul A. Engelmayer said the plaintiff’s renewed arguments were already considered and rejected by the court and that there remains no plausible allegation that any non-PMA approved Smith & Nephew device, as designed, was defective and caused her injuries.

Plaintiff Susan Simon’s motion for reconsideration followed Judge Engelmayer’s …