CGMP Negligence Claims Not Preempted, Ohio Federal Judge Rules in Zimmer Knee Case

CLEVELAND — Claims accusing Zimmer Biomet Holdings Inc. of violating Current Good Manufacturing Practices in manufacturing its knee replacement device are not preempted because they parallel state regulations relating to safety and effectiveness, an Ohio federal judge has ruled.

On Sept. 29, Judge James S. Gwin of the U.S. District Court for the Northern District of Ohio further found the claims are not impliedly preempted because they relate to health and safety, which naturally fall under the state’s historic police powers.

Donald Kodger received a right knee Biomet Oxford Meniscal Unicompartmental Knee System in March 2008. Three years later, …