Plaintiff’s State Law Failure To Warn Claim About A Medical Device Is Not Preempted.

Plaintiff had a pump and catheter surgically implanted in his abdomen to deliver pain relief medication directly to his spine, and he ended up a paraplegic. The opinion states defendant’s device caused the paralysis. The district court concluded plaintiff’s action was preempted by the Medical Device Amendment [MDA] to the Food, Drug, and Cosmetic Act [FDCA] and dismissed the action. The Ninth Circuit reversed, stating: “We conclude that the MDA does not preempt [plaintiffs’] state-law failure to warn claim contained in their proposed amended complaint.” Stengel v. Medtronic Incorporated (Ninth Circuit; January 10, 2013) (Case No. 10-17755).