Only Express Warranty Claim Survives In Metal-On-Metal Smith & Nephew Hip Case

(July 26, 2016, 10:40 AM EDT) -- NEW HAVEN, Conn. — A Connecticut federal judge on July 18 dismissed with prejudice all but a breach of express warranty claim in a metal-on-metal hip case on the basis of federal preemption of state law claims (Roxanne LaFountain v. Smith & Nephew, Inc., No. 14-1598, D. Conn.; 2016 U.S. Dist. LEXIS 92680).

(Opinion available. Document #28-160728-005Z.)

Senior U.S. Judge Warren W. Eginton of the District of Connecticut said the strict liability, breach of implied warranty, negligent design and innocent and negligent misrepresentation claims by plaintiff...
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