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Medtronic pain pump claim isn’t preempted (access required)

Published: January 15, 2013

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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.

Medtronic pacemaker claim preempted (access required)

Published: October 5, 2012

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Federal law preempts product liability claims relating to a woman who died when her Medtronic pacemaker failed, a U.S. District Court in Florida has ruled in granting a motion to dismiss.

Medtronic bone graft suit isn’t preempted, says trial court (access required)

Published: August 30, 2012

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Federal law does not preempt a product liability suit brought by a woman who claimed she suffered injuries as a consequence of Medtronic’s promotion of a bone graft device for “off-label” uses, a California trial court has ruled in denying summary judgment.

Suit says Medtronic promoted off-label use of graft device (access required)

Published: June 20, 2012

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A newly filed lawsuit alleges that a Medtronic bone graft device is defective when used in an off-label manner and that the company knew about it but continued to promote the off-label use.

Medtronic pain pump suit preempted, says 9th Circuit (access required)

Published: April 19, 2012

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Federal law preempts state product liability claims brought by a man who suffered paralysis after a Medtronic pain pump was surgically implanted to deliver medication to his spine, the 9th Circuit has ruled in affirming a dismissal.

Medtronic defibrillator claim may proceed (access required)

Published: March 13, 2012

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Medtronic may be liable for manufacturing a defibrillator that allegedly confused users as to the appropriate setting for restoring a patient’s heart beat to a normal rhythm, the Missouri Court of Appeals has ruled in reversing a summary judgment.

Federal law preempts Medtronic pain pump suit (access required)

Published: January 30, 2012

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Federal law regulating medical devices preempted product liability claims brought by a woman whose husband allegedly received a fatal overdose of medication from a Medtronic drug infusion system, the 4th Circuit has ruled in affirming judgment.

Medtronic defibrillator claims preempted (access required)

By: Pat Murphy
Published: October 19, 2010

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Federal law regulating medical devices completely preempts product liability lawsuits challenging the safety of leads for a certain brand of cardiac defibrillators, the 8th Circuit has ruled in affirming a dismissal.

Senators hear debate over medical device bill (access required)

By: Kimberly Atkins
Published: August 4, 2009

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WASHINGTON – In its last week before breaking for summer, a Senate committee heard testimony on the potential effect of a bill that would overturn a Supreme Court ruling banning state law tort suits against the makers of certain medical devices.

Lawmakers debate medical device suit bill at hearing (access required)

By: Kimberly Atkins
Published: May 13, 2009

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WASHINGTON – At a hearing Tuesday on a bill that would overturn a Supreme Court ruling that allows patients to sue the manufacturers of certain medical devices, lawmakers heard testimony from patients, professors and medical professionals. And the House committee members took aim at each other as well.

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