STORY FROM: Drugs & Medical Devices

Ariz. Federal Judge Rejects C.R. Bard’s Preemption Argument in IVC Filter MDL

PHOENIX — The judge overseeing the C.R. Bard inferior vena cava filter multidistrict litigation docket has rejected C.R. Bard’s preemption defense, explaining that the FDA has not imposed federal requirements applicable to those particular devices and, as such, Section 360(k) preemption does not apply.

In a Nov. 22 order, Judge David G. Campbell of the U.S. District Court for the District of Arizona explained that the federal requirements identified by Bard are generic federal manufacturing and labeling requirements that are applicable to nearly all medical devices.

Plaintiffs in the MDL, which involves more than 3,000 cases, allege their Bard ...

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