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Parallel Claims Against Device Manufacturers post-Riegel?



by Sills Cummis Gross P.C. - Newark Office

August 8, 2014

Previously published on August 4, 2014

In June 2014, the U.S. Supreme Court denied certiorari and let stand the Ninth Circuit’s en banc ruling in Stengel v. Medtronic Inc., 704 F.3d 1224 (9th Cir. Jan. 10, 2013) that state-law failure to warn claims against a medical device manufacturer that “parallel” federal requirements are not expressly preempted by the Medical Device Amendments (“MDA”) of the Food, Drug, and Cosmetic Act. Since the Supreme Court’s ruling in Riegel v. Medtronic, Inc., 552 U.S. 312 (2008), the Ninth Circuit is the sixth circuit court to substantively address in a published decision whether state law claims against a medical device manufacturer are preempted or whether they truly “parallel” federal requirements. The Supreme Court’s denial of Medtronic’s writ of certiorari in Stengel is significant, because the Court has yet again declined to clarify the contours of “parallel claims” and has left open an approach for plaintiffs to proceed with state law claims against medical device manufacturers.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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