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Failure-To-Warn Suit Against St. Jude Not Preempted

Law360 (July 13, 2018, 4:27 PM EDT) -- A Pennsylvania federal judge on Thursday refused to toss a woman’s negligence suit against St. Jude Medical Inc. over the medical device company’s alleged failure to notify doctors about a faulty part used in her implantable defibrillator, ruling that her claims are not preempted.

U.S. District Judge Michael M. Baylson rejected the device maker’s contentions that her claims were expressly and impliedly preempted by federal food and drug law. The judge additionally rejected St. Jude’s allegations that plaintiff Kristen Bull hadn’t specifically linked her claims about...
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