N.C. Federal Judge Says Negligence Claim Preempted in DePuy Knee Implant Case



DOCUMENTS
  • Order


RALEIGH, N.C. — Claims that DePuy negligently failed to provide the FDA with adverse event reports concerning a knee replacement system are preempted by federal law because there is no parallel state law requiring the manufacturer to do so, a North Carolina federal judge has ruled.

On May 20, Judge Louise W. Flanagan of the U.S. District Court for the Eastern District of North Carolina explained that state law only requires device manufacturers to provide adequate warning to users and medical providers, not to the Food and Drug Administration.

Annie McNeil Williams underwent implantation of a DePuy knee replacement system …

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  • Ellis & Winters
  • Marc J. Bern & Partners





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