A hip-implant device with component parts that were subject to different regulatory classifications should be pre-empted by federal law, the U.S. Court of Appeals for the Third Circuit has ruled in an issue of apparent first impression.

A three-judge panel ruled Thursday in Shuker v. Smith & Nephew that, when considering pre-emption issues, courts should look to the premarket approval classification for each individual component, rather than consider the multicomponent device as a whole. The ruling sided with hip implant maker Smith & Nephew as well as the U.S. Food and Drug Administration, which handles the premarket approval of medical devices.

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