3rd Circ. Gets It Partly Right On Component Preemption
By Michelle YearyMarch 9, 2018, 10:55 AM EST
Law360 (March 9, 2018, 10:55 AM EST) -- We closely followed the Shuker v. Smith & Nephew PLC case, as the Eastern District of Pennsylvania systematically dismantled the case on the grounds of preemption and pleading deficiencies. Unfortunately, the recent Third Circuit opinion deciding the plaintiff’s appeal isn’t the full affirmance we had been hoping for.
But before you get the wrong idea, the Third Circuit got the most important issue right — when you have a multicomponent medical device, PMA preemption is to be addressed on a component-by-component basis. After that, however, the...