Smith & Nephew Can’t Dodge Hip Prosthesis Suits

Smith & Nephew, Inc. must face suits by some 200 plaintiffs alleging they were harmed by the company’s metal-on-metal hip replacement system.

Federal law doesn’t preempt claims including negligence, breach of warranty, or failure to report adverse events to the Food and Drug Administration concerning the company’s Birmingham Hip Resurfacing Device, the U.S. District Court for the District of Maryland said.

Those claims impose state-law duties that parallel Smith & Nephew’s requirements under federal medical device law, the court said.

The claims also survive “implied preemption” because they are based on traditional state law duties that predate the FDA’s regulation ...