Court Split Over Medical Device Claims Persists

Law360, New York (February 10, 2014, 6:04 PM EST) -- A Jan. 27, 2014, decision by the California Court of Appeal is the latest contribution to the deepening judicial divide over preemption of state law tort claims in cases implicating Class III medical devices.

In Coleman v. Medtronic Inc., the California Court of Appeal held that the plaintiff's claims of negligence per se and strict liability failure to warn — based upon allegations that Medtronic violated federal regulations requiring it to submit adverse events reports to the U.S. Food and Drug Administration and prohibiting Medtronic from promoting its products for off-label use — were neither expressly preempted by the Medical Device...

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