Failure-To-Warn-FDA Claim Not Preempted, Ariz. Federal Judge Rules

PHOENIX — A plaintiff’s claim that the makers of a recalled cochlear implant failed to adequately warn the Food and Drug Administration of the device’s defects is not preempted because it seeks to impose regulations that are parallel under federal law, an Arizona federal judge has ruled.

However, in the July 25 order, Judge David G. Campbell of the U.S. District Court for the District of Arizona found the plaintiff’s claims of negligent failure to warn, negligence and breach of warranty are preempted because they fail to impose parallel regulations. The judge then granted the plaintiff leave to amend his …