Strict Liability, Design, Misrepresentation Claims in Smith & Nephew Hip Case Preempted, Conn. Federal Judge Rules

HARTFORD, Conn. — Claims of strict liability, implied breach of warranty, negligent design and misrepresentation based on Smith & Nephew’s R3 Acetabular Liner are preempted because they seek to impose state law requirements that are “different from, or in addition to” those imposed by federal law, a Connecticut federal judge has ruled.

On July 18, Senior Judge Warren W. Eginton of the U.S. District Court for the District of Connecticut further ruled that the plaintiff’s “fraud-on-the FDA” claims are impliedly preempted and must be dismissed with prejudice. However, the judge gave the plaintiff the opportunity to replead her breach of …