Smith & Nephew Urges MDL Judge to Dismiss BHR Hip Claims as Preempted



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BALTIMORE - Claims in the Birmingham Hip Resurfacing MDL are preempted because they require a ruling that the device should have been designed, manufactured, tested or labeled differently from the manner approved by the FDA, Smith & Nephew contends in support of its motion to dismiss plaintiffs' master and short form complaints.

In its Jan. 9 reply filed in the U.S. District Court for the District of Maryland, S&N maintains that its motion is ripe for resolution because plaintiffs' claims would impose state-law requirements different from and in addition to the federal requirements imposed on the BHR device through the …

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