3rd Circ. Upholds Cyberonics Win In Liability Case

Law360, New York (August 3, 2010, 7:27 PM EDT) -- A federal appeals court has ruled that a class action product liability case against Cyberonics Inc. that related to the company's Vagus Nerve Stimulation Therapy System, which treats depression by stimulating a nerve in the neck, is preempted by federal law.

The U.S. Court of Appeals for the Third Circuit issued the ruling Friday, saying the common law product liability for manufacturing defect and breach of warranty claims are preempted by the Medical Device Amendments to the Federal Food, Drug and Cosmetic Act. The plaintiffs sent...
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