California Court of Appeal

In plaintiff's products liability and personal injury suit against defendants for suffering severe injuries after he was implanted with the Ancure Endocraft System during a clinical study, trial court's grant of summary judgment in favor of the defendants on the ground that plaintiff's state law claims were preempted under the Medical Device Amendments of 1976 (MDA), is affirmed where: 1) applying the test set forth in Riegel, the FDA has established requirements applicable to the Ancure Device under the investigational device exemption (IDE), thereby satisfying the first prong of the Riegel test; and 2) the second prong of the Riegel test has also been satisfied, as to the extent that plaintiff's complaint alleged that the Ancure Device was unsafe and its warnings were inadequate, he was seeking to impose state law requirements that were "'different from, or in addition to'" the MDA.

Appellate Information

• Decided 12/20/2010
• Published 12/20/2010

Judges

• Mihara

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Joseph E. Russell, Jack B. McCowan, Jr.