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.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.