Court Upholds Dismissal of Suit Against Maker of Endograft Device

SAN JOSE, Calif. - A California appellate court affirmed that claims brought against the manufacturer of an endograft device are preempted because the device received an investigational device exemption which is similar to the Food and Drug Administration's stringent premarket approval process. Robinson v. Endovascular Technologies Inc., No. H033951 (Calif. Ct. App., 6th Dist.).

On Nov. 19, the California 6th District Court of Appeal upheld dismissal of the suit against Endovascular Technologies Inc. Guidant Corp., Advanced Cardiovascular Systems Inc. and Origin Medsystems Inc.

In 1994, defendants submitted an application for an investigational device exemption to conduct clinical trials for …