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Steele v. DePuy Orthopaedics

November 20, 2003

WILLIAM C. STEELE, ET AL., PLAINTIFFS,
v.
DEPUY ORTHOPAEDICS, INC., DEFENDANT.



Docket Entry Nos. 35, 44

ORDER

THIS MATTER having come before the Court upon motion by George E. McDavid, Esquire, of Reed Smith Shaw & McClay, LLP, attorney for Defendant DePuy Orthopaedics, Inc., for an Order granting Defendant's motion for summary judgment on the ground that Plaintiffs' state-law claims of negligence, strict liability, breach of express and implied warranty, and fraudulent concealment are preempted by Section 360k(a) of the Food, Drug and Cosmetic Act; and the Court having considered the moving papers; and the Plaintiffs' opposition thereto; and for the reasons expressed in the opinion attached hereto; and

IT IS this 20th day of November, 2003 hereby

ORDERED that Defendant's motion for summary judgment [docket entry No. 35-1] is (1) GRANTED with respect to Plaintiffs' state-law claims of negligent manufacturing, design, warning and labeling, strict product liability, and breach of implied warranty of merchantability and fitness for a particular purpose, and (2) DENIED with respect to Plaintiffs' state-law claims of breach of express warranty and fraudulent concealment; and

IT IS FURTHER ORDERED that Defendant's motion to strike, or in the alternative disregard, Dr. Charles H. Kyper's affidavits [docket entry No. 44-1] is GRANTED.

ROBERT B. KUGLER United States District Judge
...

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