Bertini v. Smith & Nephew, Inc.

MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

This is a diversity products liability action involving a hip replacement system *250manufactured by defendant. Defendant has moved to dismiss plaintiffs’ second amended complaint on the grounds that federal law regulating these devices preempts plaintiffs’ state law claims, and that beyond the preemption issue, the pleading is inadequate to state a claim.

In their initial complaints, plaintiffs attacked a particular part in the defendant’s hip replacement system as defective. Recognizing that claims against this part are preempted, they now seek…