Baxter Gelfoam Injury Claims Federally Preempted, N.C. Federal Judge Rules

ASHEVILLE, N.C. — A North Carolina federal judge has adopted a magistrate judge’s finding that claims brought against Baxter Healthcare Corp. in connection with its Gelfoam hemostatic agent are preempted because they assert state law requirements that are “different from, or in addition to,” federal regulations.

In his report and recommendation, Magistrate Judge Dennis L. Howell found the plaintiff is attempting to impose restrictions on Baxter “over and beyond the specifications imposed by the Food and Drug Administration.” Judge Martin Reidinger adopted the R&R on Nov. 6.

Eugene Bradley underwent a lumbar fusion surgery in 2007 to address his lower …