Weekly Law Resume - December 30, 2010: Federal Preemption Expanded as to State Law Product Liability Claims Involving Medical Devices


This case considered the scope of federal preemption of state law product liability claims involving a medical device. The court held that for a medical device that has been approved for clinical testing pursuant to an Investigational Device Exemption ("IDE"), the plaintiff's state law product liability claims were preempted by 21 U.S.C. § 360(k) of the Medical Device Amendments of 1976 ("MDA").

In November, 2003, plaintiff filed a complaint in which he alleged that he had suffered severe injuries after he had been implanted with the Ancure Endograft System ("Ancure Device") in December, 1998. The plaintiff's complaint alleged seven causes of action: (1) strict product liability (failure to warn); (2) strict product liability (Restatement 2nd of Torts, § 402A); (3) negligence; (4) breach of express warranty; (5) breach of implied warranty; (6) fraudulent concealment; and (7) punitive damages.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Low, Ball & Lynch | Attorney Advertising

Written by:


Low, Ball & Lynch on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.