Court Finds Birmingham Hip Defect Claims Against Smith & Nephew Not Preempted by MDA

CHICAGO – A federal judge has denied Smith & Nephew’s motion to dismiss a suit alleging defects in the company’s Birmingham Hip Resurfacing system, ruling that state-law strict liability and negligence claims as alleged by an Illinois couple are not preempted by the Medical Device Amendments to the Federal Food, Drug, and Cosmetic Act.

Judge James B. Zagel of the U.S. District Court for the Northern District of Illinois did rule Dec. 11 that any claims by plaintiffs that the manufacturer had a duty to warn plaintiffs or their physician are expressly preempted, but he otherwise ruled in favor of …