United States Ninth Circuit
Stengel v. Medtronic Incorporated, 10-17755
In negligence action against defendant medical device manufacturer, the denial of plaintiffs' motion to amend its complaint is reversed and remanded, where: 1) a state-law claim in which the state-law duty of care "parallels" a federal-law duty imposed by the Medical Device Amendments (MDA) to the Food, Drug, and Cosmetic Act (FDCA) is not preempted; and 2) plaintiffs' proposed new state law failure to warn claim is not preempted.
Appellate Information
- Decided 01/10/2013
- Published 01/10/2013
Judges
- FLETCHER
Court
- United States Ninth Circuit