Failure-To-Warn Claims Not Preempted, 5th Circuit Rules

NEW ORLEANS - Failure-to-warn claims brought against Boston Scientific Corp. in a medical device case are not federally preempted because they do not "seek to impose different or additional state duties," a federal appellate court has ruled. Hughes v. Boston Scientific Corp., No. 09-60925 (5th Cir.).

In a Jan. 21 opinion, the 5th Circuit U.S. Court of Appeals found that the plaintiff's state law failure-to-warn claim is limited to an assertion that the defendant violated a federal regulation, therefore the claim is "parallel" to federal requirements.

In October 2006, Jan Hughes underwent a procedure to treat menorrhagia (excess uterine bleeding). …