Shuker v. Smith & Nephew PLC

MEMORANDUM

Juan R. Sánchez, District Judge.

Defendant Smith & Nephew, Inc. (S & N) asks this Court to dismiss Plaintiffs Walter and Vivian Shuker’s Third Amended Complaint asserting state-law claims for negligence, fraud, and loss of consortium arising out of S & N’s alleged “off-label” promotion of an artificial hip component used in Mr. Shuker’s hip replacement surgery.1 In a prior opinion, this Court concluded that because the component in question—the R3 metal liner—was part of a device that the FDA had authorized S & N to market pursuant to the agency’s rigorous premarket approval process,…