• Recent Oklahoma Supreme Court Decision May Indicate Trend Supporting Private Right of Action for Violation of FDCA Regulations
  • April 15, 2013
  • Law Firm: Morris Polich Purdy LLP - Los Angeles Office
  • In an unpublished opinion, the Oklahoma Supreme Court recently held that a medical device manufacturer can be liable for a plaintiff’s injury under state law for violating federal regulations. See Howard et al v. Zimmer Inc., et al. 2013 OK 17 (March 19, 2013.) The majority of the Court held that the Federal Food, Drug, and Cosmetic Act (FDCA) does not bar Oklahoma plaintiffs from bringing negligence per se claims based on violation of regulations under the FDCA medical device amendments.