January 11, 2013
Ninth Circuit Allows Failure to Warn Medical Device Case to Proceed
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.
TrackBack URL for this entry:
Listed below are links to weblogs that reference Ninth Circuit Allows Failure to Warn Medical Device Case to Proceed:
We've actually seen this happen with the mass tort Granuflo lawsuits our firm is currently handling. Granuflo realized that their dry acid products increased the chance of heart attack by 8 times. Written communications proved that they informed their own doctors but not the doctors at separate dialysis clinics.
New York Times posted a little about it as well. What a shame that such lucrative companies make decisions that hurt so many
Posted by: Estey Bomberger | Jan 11, 2013 10:32:57 AM