STORY FROM: Drugs & Medical Devices

Texas Federal Judge Remands Oxygen Generator Action, Finds No Substantial Federal Question

DALLAS — A Texas federal judge has remanded a case involving the alleged malfunction of a portable oxygen generator, ruling that the plaintiffs’ claims do not present a substantial federal question because whether defendants violated the FDA and misrepresented that the appropriate testing had been conducted on the device is mostly a “fact-bound, situation-specific set of determinations.”

Furthermore, the FDA is not a party to the instant case and therefore the federal government does not have an important interest in the outcome of the action, Judge Jane Boyle of the U.S. District Court for the Northern District of Texas ...

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Cobb Martinez Woodward
Fee Smith Sharp & Vitullo
Fletcher Farley Shipman & Salinas
Montgomery McCracken Walker & Rhoads
Ted Lyon & Associates
Thompson & Knight

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