Advanced Bionics Ear Injury Claims Escape Preemption

Law360, New York (July 26, 2013, 3:26 PM EDT) -- An Iowa federal judge ruled Wednesday that federal law does not preempt some of the claims in a lawsuit against Advanced Bionics LLC over an allegedly defective hearing aid implant, holding that the allegations parallel U.S. Food and Drug Administration requirements.

Plaintiffs Dennis and Melissa Eggerling claim their daughter suffered hearing loss, developmental delays and other injuries as a result of receiving AB's HiRes 90k cochlear implant, which was supposed to improve her hearing, in November 2005. AB recalled the devices in September 2004 after discovering...
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