Del. Federal Magistrate Judge Says Claims in GE GBCA Case Preempted



DOCUMENTS
  • Report & Recommendation


WILMINGTON, Del. — A Delaware federal magistrate judge has opined that a failure-to-warn claim against GE Healthcare in a gadolinium-based contrast agent case is preempted because the plaintiff failed to identify any newly acquired information that would have supported a label change via the Changes Being Effected regulation.

In a May 29 report and recommendation, Magistrate Judge Sherry R. Fallon of the U.S. District Court for the District of Delaware further found the plaintiff’s negligent design and manufacturing claim is preempted because GE could not alter the product’s FDA-approved design and manufacturing practices.

Debra Javens alleges she had normal kidney …






UPCOMING CONFERENCES




HarrisMartin's MDL Conference: Video Game Addiction and the Latest Mass Tort Updates

May 29, 2024

MORE DETAILS



HarrisMartin's Masters of Mass Tort Settlements Conference - Sponsored by Milestone

June 27, 2024 - Buffalo, NY
The Richardson Hotel Buffalo

MORE DETAILS