Calif. Appeals Court Backs MDA Preemption Clause

By Samuel Howard

Law360, New York (March 10, 2010, 3:09 PM ET) -- A California appeals court has affirmed a finding that state law claims against Guidant Corp. and others responsible for the allegedly defective Ancure Endograft System are preempted by the Medical Device Amendments of 1976, furthering the Riegel decision's reach.

In an opinion published Tuesday, the California Court of Appeal for the Sixth Appellate District held that the preemption provision of the MDA bars state law claims challenging the safety and effectiveness of the now-defunct ancure device, which had received regulatory approval for the treatment of abdominal...
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