Warning Claims Based On FDA Reporting Requirements Are Not Preempted, Judge Says
(June 24, 2016, 2:25 PM EDT) -- CHICAGO — An Illinois federal judge said June 23 that there is no express or implied federal preemption of a claim that Smith & Nephew Inc. violated the reporting requirements for its Birmingham metal-on-metal hip prosthesis (Terence Laverty, et al. v. Smith & Nephew, Inc., No. 15-9485, N.D. Ill., Eastern Div.; 2016 U.S. Dist. LEXIS 81789).
(Opinion available. Document #28-160714-003Z.)
In 2011, Terence Laverty was implanted with a Birmingham Hip Resurfacing System, a metal-on-metal design hip prosthesis made by Smith & Nephew. Laverty developed severe pain...