Plaintiff's suit against manufacturers, distributors and sellers of a hip replacement device not preempted
Bausch v. Stryker Corp., 09-3434, concerned a plaintiff's suit against manufacturers, distributors, and sellers of the Trident-brand ceramic-on-ceramic hip replacement system, claiming that she has been injured by the medical device and that the defendants violated federal law in manufacturing the device.
In reversing the district court's grant of defendants' motion to dismiss
under Federal Rule 12(b)(6) of the Federal Rules of Civil Procedure on
the ground that plaintiff's common law claims were preempted by federal
law, the court held that, because plaintiff's claims that she was
injured by defendants' alleged violations of federal law are not
preempted, her original complaint should not have been dismissed, and
even if the original complaint had been defective, the district court
abused its discretion by dismissing the action with prejudice and
denying plaintiff leave to file an amended complaint.