Okla. Device Ruling Puts Other Products In Crosshairs

Law360, New York (March 25, 2013, 7:59 PM EDT) -- The Oklahoma Supreme Court recently held that a medical device maker can be found negligent for a plaintiff's injury under state law simply for violating federal regulations, a groundbreaking decision that attorneys said Monday could be interpreted to apply to any federally regulated product, including food and cars.

A majority of the court ruled March 19 that the Federal Food, Drug and Cosmetic Act does not bar Oklahoma plaintiffs from bringing a negligence per se claim based on a violation of regulations under the FDCA's Medical...
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