STORY FROM: Drugs & Medical Devices

Strict Liability Claim in Pedicle Screw Case Not Preempted, Ga. Federal Judge Rules

MACON, Ga. — A strict liability claim asserted against the manufacturer of allegedly defective pedicle screws is not federally preempted because the plaintiffs do not suggest changes that “significantly affect the safety” of the devices need to be made in order to comply with state law, a Georgia federal judge has ruled.

In a March 28 order, Senior Judge Hugh Lawson of the U.S. District Court for the Middle District of Georgia found it may not have been impossible for the defendant to comply with both state and federal law in its design and manufacture of the devices. The ...

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