4th Circ. Tosses Suit Over FDA-Approved Medtronic Device

Law360, New York (January 25, 2012, 8:35 PM EST) -- The Fourth Circuit on Wednesday upheld a finding that federal law preempted a suit against Medtronic Inc. when its device allegedly malfunctioned and caused a man to die because the device in question received U.S. Food and Drug Administration premarket approval.

In a split decision, a three-judge panel upheld a West Virginia federal court's decision that the 1976 Medical Device Amendments to the Food, Drug, and Cosmetic Act preempted a suit brought by Sherry Walker against Medtronic after her late husband died while being treated with...
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