District Court, E.D. Pennsylvania September 29, 2016, CIVIL ACTION No. 13-6158 (Shuker v. Smith & Nephew PLC)

MEMORANDUM

Juan R. Sánchez, District Judge.

Defendant Smith & Nephew, Inc. (S & N) asks this Court to dismiss Plaintiffs Walter and Vivian Shuker’s Third Amended Complaint asserting state-law claims for negligence, fraud, and loss of consortium arising out of S & N’s alleged “off-label” promotion of an artificial hip component used in Mr. Shuker’s hip replacement surgery.