Aesculap, B. Braun Prevail in N.Y. Federal Hip Replacement Action

  • Order

NEW YORK — A New York federal judge has dismissed a lawsuit alleging injuries caused by the migration of an artificial disc manufactured by Aesculap Inc. and its parent company B. Braun Medical Inc., ruling that the claims are preempted because the plaintiff did not identify a specific federal requirement that was violated.

On March 12, Judge Analisa Torres of the U.S. District Court for the Southern District of New York adopted a magistrate judge’s findings that the claims are preempted, and that the failure-to-warn claim fails because the device included warnings of migration.

David Sheinfeld underwent spinal disc replacement …


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