Claims in DePuy Total Hip System Lawsuit Not Preempted, Mo. Federal Judge Rules

ST. LOUIS — A Missouri federal judge has refused to dismiss a suit alleging that DePuy’s Total Hip System is defective, finding the plaintiff’s claims are not federally preempted because the device was cleared through the § 510(k) process and therefore not subject to device-specific federal requirements.

On Sept. 8, Judge Catherine D. Perry of the U.S. District Court for the Eastern District of Missouri further held that the plaintiff adequately pled her claims of strict liability and negligence.

In April 2008, Judith Redd’s left hip was replaced with DePuy’s Total Hip System, including the AML Small Stature stem. Four …