Cormet Hip Lawsuit Dismissed on Preemption Grounds; Plaintiffs Granted Leave to Amend



DOCUMENTS
  • Order


TAMPA, Fla. — Claims filed against the manufacturers of a Cormet hip system are impliedly and expressly preempted because they are based upon state law requirements that do not parallel federal regulations, or impermissibly seek to enforce duties owed to the FDA, a Florida federal judge has ruled.

However, in the March 15 order, Judge William Jung of the U.S. District Court for the Middle District of Florida granted the plaintiffs leave to amend their claims.

Elizabeth Westerfield allegedly suffered injuries after being implanted with the Cormet metal-on-metal hip system. She and her husband sued Corin USA Limited, Corin Group …

FIRM NAMES
  • David Di Pietro & Associates
  • Odgen & Sullivan
  • Shook Hardy & Bacon





UPCOMING CONFERENCES




HarrisMartin's Webinar Series: The Hottest Upcoming Device Projects - Strattice Hernia Mesh & Exactech Hip Implants

November 09, 2022

MORE DETAILS



HarrisMartin’s Webinar Series: Acetaminophen ASD/ADHD Product Liability Litigation

October 21, 2022

MORE DETAILS