• Stengel v. Medtronic En Banc Decision Narrows Preemption Doctrine to the Detriment of Medical Device Manufacturers
  • January 28, 2013 | Author: Noushan Noureddini
  • Law Firm: Morris Polich & Purdy LLP - San Diego Office
  • 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.