July 26, 2010
Interesting Case on Preemption and Twombly
Courtesy of the Drug and Device Law Blog comes this post about Franklin v. Medtronic, Inc., 2010 U.S. Dist. LEXIS 71069 (D. Col. May 12, 2010). The court dismissed a claim that an implantable defibrillator malfunctioned and caused an injury using Twombly, and preemption and causation doctrines. The post reflects the delight of our honorable Drug and Device Law Blog colleague, but also provides a good summary of the opinion.