9th Circ. Revives Paraplegic Man's Medtronic Pain Pump Suit

Law360, New York (January 10, 2013, 5:35 PM EST) -- An en banc Ninth Circuit on Thursday reversed a panel's dismissal of a suit claiming a Medtronic Inc. pain pump caused a man's paralysis, finding the plaintiff's state law failure-to-warn claim is not preempted by federal oversight of high-risk medical devices.

The appeals court found that Arizona man Richard Stengel's claims parallel a federal-law duty under the Medical Device Amendments to the Food, Drug and Cosmetic Act and therefore cannot be preempted. It rejected the appeals panel's April finding that the allegations are implicitly barred by...
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