Preemption Issue in Medical Device Tort Case
In In re: Medtronic, Inc., Sprint Fidelis Leads Prods. Liab. Litig., No. 09-2290, consolidated actions by patients with implanted Sprint Fidelis Leads, an implanted defibrillator component, asserting tort and breach of warranty claims for injuries allegedly caused by the defective leads, the court affirmed the dismissal of the action where the claims were preempted by 21 U.S.C. section 360k(a), which preempts certain state law claims concerning medical devices that had received FDA approval.
Related Resources
- Read the Eighth Circuit’s Decision in In re: Medtronic, Inc., Sprint Fidelis Leads Prods. Liab. Litig., No. 09-2290
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