Squeaky-Hip Case Against Stryker Dismissed in Colorado
BY LAUREN UZDIENSKI, NOVEMBER 10, 2008
A Colorado judge dismissed Jama Parker's lawsuit against Stryker over a squeaky ceramic-on-ceramic hip. The court determined that since the Trident system has PMA clearance, Parker's claims were preempted.
Last February, an 8-1 Supreme Court decision upheld preemption in Reigel v. Medtronic. However, preemption may be in jeopardy from proposed legislation from Reps. Frank Pallone, Jr. (D-NJ) and Henry Waxman (D-CA). The Medical Device Safety Act would amend the Medical Device Amendments of 1976 such that FDA approval would not "modify or otherwise affect any action for damages or the liability of any person under state law," effectively overturning Federal preemption.
