Litigation

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Drug Pump Claims Preempted Expressly, Implicitly, 9th Circuit Panel Majority Says
Posted on 17 Apr 2012 by Tom Moylan

SAN FRANCISCO - (Mealey's) In a 2-1 ruling, a panel of the Ninth Circuit U.S. Court of Appeals said April 16 that claims that a Medtronic drug pump and spine catheter caused a plaintiff to become a paraplegic are preempted explicitly and implicitly... Read More

Tags: MDA , preemption , paraplegic , Richard Stengel , drug pump , intrathecal catheter , Riegel v. Medtronic , Medical Device Amendments , FDA , Food Drug and Cosmetic Act , Medtronic , medical devices , FDCA , Litigation , Richard Stengel v. Medtronic Incorporated , Buckman v. Plaintiffs' Legal Committee , Ninth Circuit , federal medical device law , U.S. Supreme Court , SynchroMed EL drug pump , spine catheter

9th Circuit: Federal Law Doesn't Preempt Parallel State Law Device Claim
Posted on 10 Jan 2013 by Tom Moylan

SAN FRANCISCO- (Mealey's) The Ninth Circuit U.S. Court of Appeals, sitting en banc , ruled Jan. 10 that federal law does not preempt, expressly or by implication, a state law failure-to-warn claim alleging that Medtronic Inc. violated its federal... Read More

Tags: MDA , failure-to-warn claim , Medtronic Inc. v. Lohr , Buckman Co. v. Plaintiffs' Legal Comm. , Food and Drug Administration , Richard Stengel , drug pump , Medical Device Amendments , FDA , Food Drug and Cosmetic Act , Riegel v. Medtronic Inc. , Medtronic Inc. , Litigation , catheter , Richard Stengel v. Medtronic Incorporated , Ninth Circuit , Mary Lou Stengel , SynchroMed EL drug pump