STORY FROM: Drugs & Medical Devices
Majority of Claims Against Medtronic Preempted, Nev. Federal Judge Rules in Enterra Action
April 11, 2016
RENO, Nev. — Negligence, strict liability, warning and warranty claims asserted against Medtronic in an action involving its Enterra Therapy System are preempted by federal law because they seek to impose requirements that are “different from, or in addition to” state requirements, a Nevada federal judge has ruled.
However, in the March 31 order, Judge Miranda Du of the U.S. District Court for the District of Nevada allowed the plaintiff to amend her claims accusing Medtronic of failing to exercise reasonable care in overseeing quality assurance and quality control of the device and withholding known safety risks from the public. ...
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