Friday, January 11, 2013
Muddling the preemption waters, the Ninth Circuit has ruled that a plaintiff can bring a state law failure to warn claim against a medical device manufacturer. The court found the claim was not preempted by the Medical Device Amendments to the Food, Drug, and Cosmetic Act. A copy of the opinion is here. The Recorder (via law.com) has more.
Thanks to Lisa Smith-Butler for the alert.