9th Circ. Opts To Rehear Paraplegic's Medtronic Suit

Law360, New York (July 26, 2012, 8:06 PM EDT) -- The Ninth Circuit agreed Wednesday to rehear en banc allegations that a Medtronic Inc. pain pump led to a man's paralysis, a lawsuit that a split panel decided in April was preempted by federal oversight of high-risk medical devices.

A majority of nonrecused active judges voted to rehear the case en banc. Oral arguments before the bench will take place the week of Sept. 17, with the exact date to be determined.

The judge who dissented in the original decision, U.S. Circuit Judge John T. Noonan,...
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