Pa. Judge Refuses to Certify Preemption Order for Interlocutory Appeal in Smith & Nephew Hip Case

PHILADELPHIA — A Pennsylvania federal judge has refused to certify for interlocutory appeal an order holding that claims challenging the safety and effectiveness of an acetabular liner used off-label as part of Smith & Nephew’s R3 Acetabular Hip System are preempted.

In an Aug. 13 order, Judge Juan R. Sanchez of the U.S. District Court for the Eastern District of Pennsylvania said the plaintiffs failed to show that allowing an immediate appeal would materially advance the termination of this litigation.

On April 29, 2009, Walter Shuker underwent right total hip replacement surgery in which his surgeon, Dr. Kevin Terefenko, M.D., …