3rd Circuit: 1 Premarket Component In ‘Mixed’ Device Warrants Preemption

Mealey's (March 13, 2018, 12:52 PM EDT) -- PHILADELPHIA — In a case of first impression involving a medical device of “mixed” components, the Third Circuit U.S. Court of Appeals on March 1 said a plaintiff’s claims of negligence, strict liability and breach of express warranty in a metal-on-metal hip case are expressly preempted by federal law (Walter Shuker, et al. v. Smith & Nephew, PLC, et al., No. 16-3785, 3rd Cir., 2018 U.S. App. LEXIS 5160)....

Attached Documents

Related Sections