Manufacturing, Design Defect Claims to Proceed in Ohio DePuy Bone Cement Action

CINCINNATI — An Ohio federal judge has allowed claims of manufacturing and design defect to proceed against DePuy Orthopedics Inc. in a bone cement case, ruling that they are not preempted and that questions of fact exist as to whether the bone cement was defective when it left the manufacturer and whether a change made to the cement caused her alleged injuries.

However, in the Dec. 4 order, Judge Michael R. Barrett of the U.S. District Court for the Southern District of Ohio dismissed the nonconformance with representations claim, saying the plaintiff has not shown a genuine issue of material …