Federal Preemption Upheld In Heart Valve Case

Law360, New York (January 15, 2008, 12:00 AM EST) -- In a boost for Baxter Healthcare Corp., a California appeals court has held that imposing state tort liability would violate the preemption doctrine in a case involving a woman who died after the company recalled its artificial heart valve but did not recommend that the device be removed from her body.

In a decision handed down Friday in the Court of Appeal of the State of California, a three-judge panel affirmed a trial court’s summary judgment grant in favor of Baxter on the grounds that federal...
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