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Stengel v. Medtronic En Banc Decision Narrows Preemption Doctrine to the Detriment of Medical Device Manufacturers



by Noushan Noureddini
Morris Polich & Purdy LLP - San Diego Office

January 28, 2013

Previously published on January 22, 2013

A recent Ninth Circuit Court of Appeals en banc decision marks a less than desirable shift in preemption law for medical device manufacturers. In Stengel v. Medtronic Inc. (Jan. 10, 2013) --- F.3d --- (2013 WL 106144), the Ninth Circuit granted rehearing en banc and unanimously reversed the decision of the district court in a product liability case by holding that the Medical Device Amendments (“MDA”) of the Federal Food, Drug and Cosmetic Act (“FDCA”) did not preempt the plaintiffs’ state-law failure-to-warn claim, which was contained in the plaintiffs’ proposed amended complaint.


 

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