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

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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.

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Published In: Administrative Agency Updates, Civil Remedies Updates, Conflict of Laws Updates, Products Liability Updates

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.

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