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April 19, 2012
9th Circuit Preemption Case of Interest
On Monday, the Ninth Circuit issued its decision in Stengel v. Medtronic, Inc., No. 10-17755, slip op. [pdf]. The case involved a Medtronic pain-pump that the plaintiff alleged caused his paraplegia. The Ninth Circuit upheld dismissal based on Reigel v. Medtronic, Inc., 552 U.S. 312 (2008), and also denied plaintiffs' "failure to report" claim under implied preemption.
Drug & Device Law has a thorough examination of the opinoin. Arizona Central also has a report.
- SBS
April 19, 2012 in Products Liability | Permalink
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