Hip Replacement Claims are 'Parallel,' Not Preempted, Judge Rules
December 17, 2010
ST. LOUIS, Mo. - The Medical Device Amendments do not preempt state law claims brought against Stryker Howmedica Osteonics in connection with its Trident System hip replacement device because they are "parallel" to federal requirements, a federal judge has ruled. Warren, et ux. v. Stryker Howmedica Osteonics, No. 10-1346 (E.D. Mo.).
U.S. Magistrate Judge David D. Noce of the U.S. District Court for the Eastern District of Missouri ruled Dec. 8 that the complaint does not seek to impose a burden upon Stryker that is "different from, or in addition to" the requirements established by federal law.
In July 2004, …