Gowin v. Smith & Nephew, Inc.

IN THE UNITED STATES DISTRICT COURT oe FOR THE DISTRICT OF MARYLAND #)¢° IN RE: SMITH & NEPHEW BIRMINGHAM * MDL No. 2775 . HIP RESURFACING (BHR) HIP Master Docket No. 1:17-md-2775 IMPLANT PRODUCTS LIABILITY LITIGATION * JUDGE CATHERINE C. BLAKE * THIS DOCUMENT RELATES TO ALL THA TRACK CASES * MEMORANDUM Pending before the court is Smith & Nephew’s motion to dismiss claims in the THA track. The motion boils down to one core dispute: how does the express preemption provision of the Medical Device Amendinents of 1976 (the “MDA”) apply to hybrid systems that are comprised of both…