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HERRON v. SMITH & NEPHEW, INC.

No. Civ. S-12-3052 LKK/KJN.

7 F.Supp.3d 1043 (2014)

Paul HERRON, Jr., Plaintiff, v. SMITH & NEPHEW, INC.; Does 1 to 60, inclusive, Defendants.

United States District Court, E.D. California.

Filed March 24, 2014.

Attorney(s) appearing for the Case

R. Parker White , Poswall White & Cutler, Sacramento, CA, for Plaintiff.

David O'Quinn , PHV, Irwin Fritchie Urquhart & Moore LLC, New Orleans, LA, John W. Shaw , Litsa Georgantopoulos , Morris Polich & Purdy LLP, Los Angeles, CA, for Defendants.

ORDER

LAWRENCE K. KARLTON, Senior District Judge.

Defendant moves to dismiss the amended complaint, asserting that it is preempted by federal law, and that it fails to state a claim. For the reasons that follow, the amended complaint will be dismissed with leave to amend.

I. BACKGROUND

Defendant, Smith & Nephew, Inc., is the manufacturer of the Birmingham Hip Resurfacing System ("BHR System"), a medical device.1

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