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Friday, 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.

- SBS

http://lawprofessors.typepad.com/tortsprof/2013/01/ninth-circuit-allows-failure-to-warn-medical-device-case-to-proceed.html

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Comments

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

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