Some Claims In, Some Out In Smith & Nephew MOM Hip Case
(December 17, 2015, 1:13 PM EST) -- CHARLESTON, W.Va. — A West Virginia federal judge on Dec. 15 dismissed a plaintiff’s design defect claims in a Smith & Nephew metal-on-metal (MOM) hip cases as preempted but denied dismissal of her claims of failure to warn and breach of implied warranty of merchantability (Anna Raab, et al. v. Smith & Nephew, Inc., No. 14-30279, S.D. W.Va.; 2015 U.S. Distr. LEXIS 167298).