Utah Federal Court Allows Negligence Claim to Proceed in Hip System Case; Dismisses All Other Claims

SALT LAKE CITY –– A Utah federal court has permitted a negligence claim to proceed in a case against Smith & Nephew involving its hip resurfacing system, ruling that the plaintiffs had successfully pleaded that there is both a violation of the duty of reasonable care under Utah law and a parallel violation of a federal statute.

In the July 27 opinion, the U.S. District Court for the District of Utah, however, dismissed the plaintiffs’ remaining claims with prejudice, finding that they were either preempted or failed to state a claim for relief.

Plaintiff Heidi Marion said that she …