Failure to Warn, Manufacturing Defect Claims Asserted in BHR Hip System Action Not Preempted, Md. Judge Rules

BALTIMORE, Md. — Claims of failure to warn, express warranty and manufacturing defect asserted against Smith & Nephew in connection with its Birmingham Hip Resurfacing System are not federally preempted because they seek to impose state law requirements that are parallel to those required under federal law, a Maryland federal judge has ruled.

However, in an Aug. 18 order, Judge Catherine C. Blake of the U.S. District Court for the District of Maryland further ruled that the design defect and implied warranty claims are expressly preempted. These claims challenge the device’s design and representations made in connection with the device, …