Published: March 29, 2013
Tags: Medical Device Amendments to the Food Drug and Cosmetic Act, negligence per se, preemption, product liability
State law allowed a knee replacement patient to maintain a parallel claim for negligence per se based on the violation of a federal regulation in the manufacture of his implant, the Oklahoma Supreme Court has ruled.
Federal law does not preempt a state failure-to-warn lawsuit brought by a man who claimed he suffered paralysis as the result of the surgical implantation of a Medtronic pain pump, the en banc 9th Circuit has ruled.
The decision overturns a contrary panel ruling. (See “» Continue Reading.