Consumer Fraud Act Claim Survives Dismissal in N.J. Hip Implant Case

CAMDEN — A New Jersey federal judge has refused to dismiss a New Jersey Consumer Fraud Act Claim asserted by a plaintiff in a hip implant case, ruling that it is not preempted by the New Jersey Products Liability Act because it alleges damage to the product itself.

In a Dec. 23 order, Judge Renée Marie Bumb of the U.S. District Court for the District of New Jersey explained that “where there are damages being sought that are specifically excluded from coverage by the NJPLA, a separate claim for those damages may be sought.”

Raymond Beyerle underwent a total hip …