United States Seventh Circuit
Bausch v. Stryker Corp., 09-3434
In plaintiff's suit against manufacturers, distributors, and sellers of the Trident-brand ceramic-on-ceramic hip replacement system, claiming that she has been injured by the medical device and that the defendants violated federal law in manufacturing the device, district court's grant of defendants' motion to dismiss under Federal Rule 12(b)(6) of the Federal Rules of Civil Procedure on the ground that plaintiff's common law claims were preempted by federal law, is reversed and remanded as, because plaintiff's claims that she was injured by defendants' alleged violations of federal law are not preempted, her original complaint should not have been dismissed, and even if the original complaint had been defective, the district court abused its discretion by dismissing the action with prejudice and denying plaintiff leave to file an amended complaint.
Appellate Information
- Argued 10/21/2010
- Decided 12/23/2010
- Published 12/23/2010
Judges
Court
- United States Seventh Circuit