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Margaret J. Bausch v. Strykercorporation, et al

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ARGUED OCTOBER 21, 2010-

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

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 Corpora- tion, HOC, and Stryker Ireland, Ltd. (collectively “Stryker”), who have manufactured, distributed, and sold the Trident-brand ceramic-on-ceramic hip replacement system (“the Trident”) in the United States since 2003. The Trident is a Class III medical device under federal law, the class of devices that are most critical to human health and subject to the most extensive federal regulation.

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