California Court of Appeal

Dismissal of plaintiff's complaint alleging he suffered painful complications after a spinal surgery in which defendants' federally-approved bone fusion medical device, was used in an off-label manner, is: 1) reversed in part and remanded, where plaintiff may allege causes of action for negligence and strict liability in a manner that avoids federal preemption; but 2) affirmed in part, where plaintiff has waived any claim of error with respect to the remaining causes of action.

Appellate Information

• Decided 01/27/2014
• Published 01/27/2014

Judges

• KRIEGLER

Court

• California Court of Appeal

Counsel