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BAUSCH v. STRYKER CORP.

No. 09-3434.

630 F.3d 546 (2010)

Margaret J. BAUSCH, Plaintiff-Appellant, v. STRYKER CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 23, 2010.

Attorney(s) appearing for the Case

David E. Rapoport , Joshua L. Weisberg (argued), Attorneys, Rapoport Law Offices, Chicago, IL, for Plaintiff-Appellant.

Robert M. Connolly (argued), Attorney, Stites & Harbison, Louisville, KY, Rachel N. Cruz, Attorney, Tabet, Divito & Rothstein, Chicago, IL, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and MANION and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

This diversity jurisdiction case presents issues concerning federal preemption and sufficient pleading of a plaintiff's claim that she has been injured by a medical device—a hip replacement—allegedly manufactured in violation of federal law. Plaintiff Margaret J. Bausch appeals the district court's dismissal of her case against defendants Stryker Corporation, HOC, and Stryker Ireland, Ltd. (collectively "Stryker"), who have manufactured...

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