Federal Law Preempts Strict Liability Claims Asserted in Smith & Nephew Hip Case, N.J. Judge Rules

NEWARK, N.J. — Strict liability claims asserted against Smith & Nephew Inc. in connection with its Birmingham Hip Resurfacing (BHR) System are federally preempted because they seek to impose requirements “different from or in addition to” those imposed by federal law, a New Jersey federal judge has ruled.

In an Aug. 5 order, Senior Judge William H. Walls of the U.S. District Court for the District of New Jersey also dismissed the plaintiffs’ breach of express warranty claim as inadequately pled. However, the judge granted plaintiffs leave to amend their complaint within 90 days to plead a parallel claim, and …