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REITER v. ZIMMER INC.

No. 91 Civ. 8599 (LMM).

897 F.Supp. 154 (1995)

Nita REITER, Plaintiff, v. ZIMMER INCORPORATED, Defendant.

United States District Court, S.D. New York.

September 8, 1995.

Attorney(s) appearing for the Case

Lewis Rosenberg & Barry I. Levy, Shapiro, Shiff, Beilly, Rosenberg & Fox, New York City, for plaintiff.

James P. Barrett & Daniel Keenaghan, Simpson Thacher & Bartlett, New York City, Daniel K. Leininger, Lemon, Armey, Hearn & Leininger, Warsaw, IN, for defendant.

MEMORANDUM AND ORDER

McKENNA, District Judge.

Plaintiff Nita Reiter ("Reiter") commenced this action against Defendant Zimmer Incorporated ("Zimmer") alleging that the premature hardening of Zimmer bone cement during hip replacement surgery caused her debilitating personal injuries. Zimmer moved for summary judgment, arguing that Reiter's tort claims were preempted by the Federal Food, Drug, and Cosmetic Act ("FDCA"), 21 U.S.C. §§ 301

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