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.
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.
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.
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.
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 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 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.
Published: October 19, 2010
Tags: Medical Device Amendments to the Federal Food Drug and Cosmetic Act, Medtronic, preemption, product liability
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.
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.
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.