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HOFTS v. HOWMEDICA OSTEONICS CORP.

Case No. 1:08-cv-0855-DFH-TAB.

597 F.Supp.2d 830 (2009)

Rod HOFTS, Plaintiff, v. HOWMEDICA OSTEONICS CORPORATION, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

February 11, 2009.

Attorney(s) appearing for the Case

Douglass A. Kreis, Aylstock Witkin Kreis & Overholtz, Pro Hac, Vice, Pensacola, FL, Stephen B. Caplin, Caplin Park Tousley & McCoy, Indianapolis, IN, for Plaintiff.

ENTRY ON DEFENDANT'S MOTION TO DISMISS

DAVID F. HAMILTON, Chief Judge.

In 1996, the Supreme Court held that lawsuits brought under state law against medical device manufacturers who submit "premarket notification" to the Food and Drug Administration are not preempted by 21 U.S.C. § 360k(a) when liability is premised on theories that the device was defective and unreasonably dangerous and that the manufacturer failed to use reasonable care in the device...

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