Judge Says 510(k) Preemption Is A Controlling Question But Won’t Certify Appeal

(August 19, 2015, 11:52 AM EDT) -- PHILADELPHIA — A Pennsylvania federal judge on Aug. 13 denied interlocutory appeal concerning a disputed medical device preemption ruling, saying the issue can wait until the case concludes at the trial court level and all issues can be appealed (Walter Shuker, et al. v. Smith & Nephew PLC, et al., No. 13-6158, E.D. Pa.; 2015 U.S. Dist. LEXIS 106816).

(Shuker opinion available. Document #28-150820-012Z.)

Walter Shuker underwent his replacement surgery in which prosthesis components made by Smith & Nephew PLC were implanted. In 2013, Shuker sued...
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