Ohio Cervical Disk Replacement Action Dismissed Without Prejudice

TOLEDO, Ohio — An Ohio federal judge has dismissed without prejudice a cervical disk replacement device action, ruling that a majority of the claims against Zimmer Biomet Spine Inc. are preempted because they seek to impose state law requirements that are “different from, or in addition to” federal regulations.

In an Oct. 10 order, Judge James G. Carr of the U.S. District Court for the Northern District of Ohio further ruled that the fraud-based claims were not pled with particularity.

Phebe Shawver, in 2021, underwent cervical disk replacement surgery using ZB Spine’s Mobi-C implant, a Class III medical device. The …