Calif. Court Reverses Preemption Of Medtronic Injury Suit
By Andrew Scurria (January 28, 2014, 3:35 PM EST) -- A California appeals court on Monday flipped a decision that found a Medtronic Inc. bone fusion product recipient's personal injury suit to be preempted, ruling that the company's twin duties to disclose adverse outcomes under state and federal law do not conflict.
A unanimous panel of the intermediate Court of Appeal revived plaintiff John Coleman's negligence and strict liability failure to warn claims, finding that California tort law's requirement that Medtronic file adverse event reports with the U.S. Food and Drug Administration paralleled the company's responsibilities under the Federal Food, Drug and Cosmetic Act to do the same.
The court adopted...
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