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.
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.
Federal law regulating medical devices preempts state product liability claims against the manufacturer of a pain pump, the 11th Circuit has ruled in affirming a summary judgment.
Published: January 25, 2011
Tags: failure to warn, Food and Drug Administration, Medical Device Amendments to the Federal Food Drug and Cosmetic Act, preemption, product liability, Riegel v. Medtronic
Federal law does not completely preempt state law failure-to-warn claims against the manufacturer of a medical device used to treat excess uterine bleeding, the 5th Circuit has ruled in reversing a summary judgment.
Federal law regulating medical devices does not preempt a product liability lawsuit over an allegedly defective ceramic-on-ceramic hip replacement system, the 7th Circuit has ruled in reversing a dismissal.
Federal law governing medical devices preempts claims brought by a plaintiff who suffered severe injuries after being implanted with an experimental prosthetic graft, the California Court of Appeal has ruled in affirming judgment.
The federal regulatory scheme for the approval of medical devices preempts a product liability suit alleging defects in an artificial hip component, a U.S. District Court in Texas has ruled in granting a dismissal.
First it was the health care bill. Now it is the financial reform package.
And soon, authors and advocates of key pieces of legislation important to lawyers will face yet another obstacle to getting those bills to a final vote: the confirmation process for Elena Kagan, who has been nominated to be the next U.S. Supreme Court justice.