9th Circ. Further Muddies Case For Device Preemption

Law360, New York (January 14, 2013, 8:56 PM EST) -- In ruling Thursday that a federal medical device law does not preempt a state failure-to-warn claim, the Ninth Circuit added to the confusion surrounding the scope of the U.S. Supreme Court's decade-old Buckman ruling, showing the need for the high court to revisit the issue and settle the questions now plaguing preemption.

The appeals court's en banc decision centered on plaintiff Richard Stengel's claim that Medtronic Inc. acted negligently by failing to report risks associated with use of a pain pump to the U.S. Food and...
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