Medtronic Surgery Advice Suit Not Preempted: Ind. Court

Law360, New York (October 11, 2013, 5:34 PM EDT) -- The family of a deceased Medtronic Inc. defibrillator implant patient can sue over allegedly bad advice the device maker gave his doctor during surgery, an Indiana appeals court ruled Friday, saying federal law does not preempt claims tied to such oral expressions.

A unanimous panel of Indiana’s second-highest court preserved negligence claims the family of David Malander brought against Medtronic, holding that the family had not alleged that the device maker should have given warnings that differed from or exceeded those required by federal law....
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